Chesapeake & N. R. Co. v. Venable
Court of Appeals of Kentucky
Case 4 — Action to Recover Damages for Personal Injuries APPEAL FROM ALLEN CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals.
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Case 4 — Action to Recover Damages for Personal Injuries APPEAL FROM ALLEN CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. The matters herein complained of will be discussed under the following heads, to-wit: 1. Petition for removal. 2. Demurrer to petition of appellee. . Peremptory instruction asked by appellant. 4. The damages are excessive. 5. The verdict not sustained by law and evidence. 6. Errors of law excepted to at the time. 7. The court failed to properly instruct the jury. 1. It is clearly shown that one Walter Weber, a non-resident of Kentucky, is the sole owner of…
1Opinion of the Court
Opinion op the court by
JUDGE DuRELLE
Affirming.
Appellee brought suit against appellant railroad company, alleging that he was a brakeman in the employ of' the company, which was the owner of and engaged in ojierating a line of railroad from Scottsville, Ky., to Gallatin, Tenn., and that, while he was so emjiloyed, by reason of the gross negligence of the company in suffering the ties of its roadbed at a place in Sumner county, Tenn., to become rotten and defective, the rails spread under the weight of the cars, a car was derailed, and appellee thrown violently to the ground and injured', for…
2Cases cited3 opinions
- Bruce's Adm'r v. Cincinnati R. R.Court of Appeals of Kentucky · 1885
- Brimhall v. Van CampenSupreme Court of Minnesota · 1862
- Volz v. Chesapeake, R.Court of Appeals of Kentucky · 1893
3Cited by8 opinions
- Louisville & Nashville R. R. v. SmithCourt of Appeals of Kentucky · 1909
- Yellow Poplar Lumber Co. v. FordCourt of Appeals of Kentucky · 1910
- Warner v. SpaldingSupreme Court of Iowa · 1919
- Blair v. Norfolk & Western Railway Co.Court of Appeals of Kentucky · 1915
- Jefferson Dry Goods Co. v. BlunkCourt of Appeals of Kentucky (pre-1976) · 1936
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