Cincinnati, R. Co. v. Louisville & Nashville R.
Court of Appeals of Kentucky
Case 23 — PETITION ORDINARY APPEAL FROM BOYLE CIRCUIT COURT. 1. When the plaintiff said that the accident in question was caused wholly by the negligence of the defendant, it did not say that it was free from that degree of fault that might make it liable to its passengers, but only that it was not negligent to the extent that would prevent its recovering against defendant. (L. & N. R. Co. v. E., T„ Y. & G. R. Co., 60 Fed.
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Case 23 — PETITION ORDINARY APPEAL FROM BOYLE CIRCUIT COURT. 1. When the plaintiff said that the accident in question was caused wholly by the negligence of the defendant, it did not say that it was free from that degree of fault that might make it liable to its passengers, but only that it was not negligent to the extent that would prevent its recovering against defendant. (L. & N. R. Co. v. E., T„ Y. & G. R. Co., 60 Fed. Rep., 995.) 2. It will be claimed that if plaintiff was in the exercise of ordinary care so that defendant might be made liable to it for this accident, then the plaintiff…
1Opinion of the CourtChief Justice Pryor
This action was instituted in the Boyle Circuit Court by the Cincinnati, New Orleans & Texas Pacific Railway Company against the Louisville & Nashville Railroad Company upon the following state of- facts:
The plaintiff in operating its railroad extending from Cincinnati, Ohio, to Chattanooga, Tenn., as a carrier of passengers and freight, had to cross certain railroad tracks of the defendant at Junction City, in the county of Boyle, and the manner as well as the time of crossing was known to the defendant or its agents in charge of the operation of its trains at that place.-
That in November of…
2Cases cited2 opinions
- Gray v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1873
- Lou. & Nash. R. R. v. Ritter's Adm'rCourt of Appeals of Kentucky · 1887
3Cited by5 opinions
- Employers Mutual Liability Insurance Co. of Wisconsin v. Griffin Construction Co.Court of Appeals of Kentucky (pre-1976) · 1955
- Colorado & Southern Railway Co. v. Western Light & Power Co.Supreme Court of Colorado · 1923
- City of Louisville v. Louisville Railway Co.Court of Appeals of Kentucky · 1913
- Owensboro City Railroad v. Louisville, Henderson & St. Louis Railway Co.Court of Appeals of Kentucky · 1915
- Capps v. Herman Schwabe, Inc.District Court, W.D. Kentucky · 1986