Louisville & Nashville Railroad v. Earl's Adm'x
Court of Appeals of Kentucky
Case 65 — PETITION ORDINARY — .1. The court should have given the peremptory instruction asked by defendant, as the evidence showed contributory negligence. The brakeman is bound to exercise proper care, and can not claim indemnity for an injury resulting to him which might have been prevented if he had used reasonable vigilance.
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Case 65 — PETITION ORDINARY — .1. The court should have given the peremptory instruction asked by defendant, as the evidence showed contributory negligence. The brakeman is bound to exercise proper care, and can not claim indemnity for an injury resulting to him which might have been prevented if he had used reasonable vigilance. (3 Woods Bailway Law, sees. 370-373; L. & N. B. Oo. v. Coniffs Adm’r, 90 Ky , 560.) An employe who voluntai'ily places himself in a dangerous position is guilty of such contributory negligence that he can not recover. (Balt. & Pat. B. Co. v. Jones, 95 U. S., 439;…
1Opinion of the Court
JUDGE HAZELBIGG
delivered the opinion of the court.
The first paragraph of the appellee’s petition sought-damages of the appellant company, by reason of its. gross and willful neglect in crushing her intestate husband between two of its cars, and causing him great-pain, anguish, loss of time, &c. The second sought damages for the loss of his life, caused by the willful *371neglect of the appellant. Being required to elect, she proceeded on the cause of action set up in the first paragraph, and obtained a verdict for four thousand dollars. The court regarded this as excessive, and required her to…
2Cited by27 opinions
- Louisville & Nashville R. R. v. LoweCourt of Appeals of Kentucky · 1904
- Yung v. Grant Thornton, LLPMissouri Court of Appeals · 2018
- Equitable Life Assurance Society of the United States v. GobleCourt of Appeals of Kentucky (pre-1976) · 1934
- National Life Accident Ins. Company v. HedgesCourt of Appeals of Kentucky (pre-1976) · 1930
- Chesapeake & O. Ry. Co. v. MearsCourt of Appeals for the Fourth Circuit · 1933
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