Louisville & Nashville R. R. v. Smith
Court of Appeals of Kentucky
CASE 60. — ACTION BY L. W. SMITH AGAINST THE LOUISVILLE & NASHVILLE RAILROAD COMPANY FOR DAMAGES FOR PERSONAL INJURIES. Appeal from Jefferson Circuit Court (Common Pleas Branch, First Division). Emmet Field, Judge. Judgment for plaintiff, defendant appeals. POINTS AND AUTHORITIES.
Read the full summary
CASE 60. — ACTION BY L. W. SMITH AGAINST THE LOUISVILLE & NASHVILLE RAILROAD COMPANY FOR DAMAGES FOR PERSONAL INJURIES. Appeal from Jefferson Circuit Court (Common Pleas Branch, First Division). Emmet Field, Judge. Judgment for plaintiff, defendant appeals. POINTS AND AUTHORITIES. The defendant on this appeal contends that the following were errors prejudicial to the defendant’s substantial rights: ,1. That under the law of Alabama as proven in this case and as it exists, the plaintiff was as a matter of law guilty of contributory negligence in endeavoring to pass between the ends of cabooses…
1Opinion of the Court
Opinion of the Court by
Judge Carroll—
Affirming.
The appellee, Smith, at Blount Springs, Ala., while on his way to the depot from which passengers got on and off trains, was caught between the bumpers of the cabooses on two trains on the siding between the depot and the passenger platform. Both of his hands were crushed so badly that his right hand had to be amputated and his left hand is practically useless. To recover damages for the injuries sustained he brought this action, and upon a trial before a jury was awarded $12,500.
A reversal is asked upon four grounds: First, that under the laws…
2Cases cited15 opinions
- Illinois Central Ry. Co. v. HouchinsCourt of Appeals of Kentucky · 1905
- Montgomery & Eufaula Railway Co. v. ThompsonSupreme Court of Alabama · 1884
- Southern Ry. v. GoddardCourt of Appeals of Kentucky · 1905
- Louisville & N. R. R. v. KeifferCourt of Appeals of Kentucky · 1909
- Louisville & Nashville R. R. v. CrawfordSupreme Court of Alabama · 1889
10 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Altman v. AronsonMassachusetts Supreme Judicial Court · 1919
- Reed's Administratrix v. Illinois Central RailroadCourt of Appeals of Kentucky · 1918
- Broadway Coal Mining Co. v. RobinsonCourt of Appeals of Kentucky · 1912
- United States Cast Iron Pipe & Foundry Co. v. Henry Vogt Machine Co.Court of Appeals of Kentucky · 1918
- McGraw v. AyersCourt of Appeals of Kentucky (pre-1976) · 1933
13 more not listed; retrieve them via the Exa API.