Louisville R. v. Ellerhorst
Court of Appeals of Kentucky
CASE 15. — ACTION BY CATHERINE ELLERHORST AGAINST THE LOUISVILLE RAILWAY COMPANY FOR DAMAGES FOR PERSONAL INJURIES. — May 27. Appeal from Jefferson Circuit Court; (Chancery Branch, Third Division.) Matt O’Doherty, Circuit Judge.
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CASE 15. — ACTION BY CATHERINE ELLERHORST AGAINST THE LOUISVILLE RAILWAY COMPANY FOR DAMAGES FOR PERSONAL INJURIES. — May 27. Appeal from Jefferson Circuit Court; (Chancery Branch, Third Division.) Matt O’Doherty, Circuit Judge. Judgment for plaintiff, defendant appeals — We submit that it was error on the part of the trial court to allow this evidence of a specific injury to the optic nerve and head to be considered by the jury as a basis for recovery in the absence of a specific averment of such injuries or showing that such specific injuries were both the natural and necessary result of a…
1Opinion of the Court
Opinion op the Court by
Judge Hobson —
Affirming’.
Catherine Ellerhorst was a passenger on a street ea.r of the Louisville Railway Company going north on Second street. At the corner of Second and Broadway, the ear collided violently with an East Broadway car, throwing Mrs. Ellerhorst upon the seat in front of her. She filed this suit to recover for her injuries, and, a verdict and judgment having been entered in her favor in the sum of $2,000,. the defendant appeals.
The hhly ground relied bn for reversal is that the court erred in the admission of evidence. The plain-, tiff alleged in her…
2Cases cited1 opinion
- Wilkins v. Nassau Newspaper Delivery Express Co.Appellate Division of the Supreme Court of the State of New York · 1904
3Cited by6 opinions
- Louisville Ry. Co. v. GaughCourt of Appeals of Kentucky · 1909
- Park Circuit Realty Company v. CoulterCourt of Appeals of Kentucky (pre-1976) · 1930
- Turner v. SmithCourt of Appeals of Kentucky · 1950
- Turner v. SmithCourt of Appeals of Kentucky (pre-1976) · 1950
- Chesapeake & Ohio Railway Co. v. PerryIndiana Court of Appeals · 1918
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