White v. Cincinnati
Court of Appeals of Kentucky
Case 71 — PETITION OKDINABY APPEAL FROM GRANT CIRCUIT COURT. 1. It was the duty of the railroad company to keep the apron in repair; and its failure to repair, after knowledge of the defect, constituted gross neglect. (Wharton on Negligence, section 564; Brainerd v. Railroad Company, 48 Vt., 107; Allender v. Railroad Company, 43 Iowa, 276; Ky.
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Case 71 — PETITION OKDINABY APPEAL FROM GRANT CIRCUIT COURT. 1. It was the duty of the railroad company to keep the apron in repair; and its failure to repair, after knowledge of the defect, constituted gross neglect. (Wharton on Negligence, section 564; Brainerd v. Railroad Company, 48 Vt., 107; Allender v. Railroad Company, 43 Iowa, 276; Ky. Central Railroad Co. v. Gastineau’s Adm’r, 83 Ky. 128.) 2. Contributory negligence will not prevent the plaintiff from recovering, unless, for this negligence, the injury would not have occurred; or, if the defendant, by the exercise of ordinary care,…
1Opinion of the Court
JUDGE HOLT
delivered the opinion oe the court.
The appellant sues for damages for injuries sustained by him while assisting his employer, a shipper over the appellee’s road, in loading stock at night upon its cars. The apron or platform connecting the stock chute with the car into which the cattle were being driveii gave way, precipitating the appellant against the side of the car. The evidence tends to show that the apron was too short — not long enough to lap sufficiently far over on either the chute or the car to insure safety to one upon it; that it was not fastened to the chute by hinges…
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