Winnegar's Administrator v. Central Passenger Railway Co.
Court of Appeals of Kentucky
Case 68 — PETITION ORDINARY APPEAL PROM JEFFERSON COURT OF COMMON PLEAS. 1. This is a suit to recover damages for a breach of the implied contract of a common carrier of passengers that the passenger shall be well treated and protected, and the petition states a cause of action.
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Case 68 — PETITION ORDINARY APPEAL PROM JEFFERSON COURT OF COMMON PLEAS. 1. This is a suit to recover damages for a breach of the implied contract of a common carrier of passengers that the passenger shall be well treated and protected, and the petition states a cause of action. (2 Parsons on Contracts (5 ed.), 225; Sherley v. Billings, 8 Bush, 147; Goddard v. R. R. Co , 57 Maine, 202; R. R. Co. v. Riley, 39 Ind., 568; Weed v. R. R., 17 N. Y., 362; R. R. v. Derby, 14 How., 468; R. R. v. Yandiveer, 42 Pa. St., 365.) 2. The relation of passenger existed. Appellee was bound to carry all who were…
1Opinion of the CourtChief Justice Pryor
delivered tiie opinion of the court.
A demurrer was sustained to the petition in the court below, and the plaintiff, declining to amend, has brought the case to this court, insisting that the facts alleged constitute a cause of action.
The plaintiff is the administrator of Wm. Winnegar, and the defendant is the Central Passenger Railway Company. ' At the time of the injury complained of, the defendant was a common carrier of passengers in the city of Louisville, running and operating its street cars through its employes, upon and between certain designated streets within the city, and the…
2Cases cited4 opinions
- Sherley v. BillingsCourt of Appeals of Kentucky · 1871
- Jones v. SnappTennessee Supreme Court · 1851
- Hansford's administratrix v. Payne & Co.Court of Appeals of Kentucky · 1875
- Spring's adm'r v. GlennCourt of Appeals of Kentucky · 1876
3Cited by19 opinions
- Cincinnati, New Orleans & Texas Pacific Ry. Co. v. RueCourt of Appeals of Kentucky · 1911
- Exton v. Central RailroadSupreme Court of New Jersey · 1898
- Wood v. Downing's Admr.Court of Appeals of Kentucky · 1901
- Brumfield v. Consolidated Coach CorporationCourt of Appeals of Kentucky (pre-1976) · 1931
- Smith v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1893
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