Lexington Ry. Co. v. Cozine
Court of Appeals of Kentucky
-Case 88 — Action to Recover Damages for a Malicious Assault by a Railroad Conductor upon a Passenger APPEAL FROM FAYETTE CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals.
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-Case 88 — Action to Recover Damages for a Malicious Assault by a Railroad Conductor upon a Passenger APPEAL FROM FAYETTE CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. The plaintiff thus states his cause of action: “Plaintiff says, that on Sept. 2, 1899 he, was a passenger on one of defendant’s ears on Main street and 'had paid his fare, and that the defendant, 'by its conductor and agent, then and there in-charge and control of said ear, and without provocation or cause, unlawfully wantonly and maliciously assaulted, beat and bruised him to his damage in the sum of $5,000.”…
1Opinion of the Court
Opinion op the court by
JUDGE BURNAM
Affirming.
This action was instituted by plaintiff against the defendant to recover damages for a malicious assault' made upon him by one of the defendant’s employes in the course of his employment. It is alleged by plaintiff that he was a passenger on one of defendant’s cars, and had .paid the usual fare; that the defendant’s conductor in charge of the car, ^without provocation, wantonly and maliciously assaulted, beat, and bruised him. A general demurrer was filed to the petition, and' also a motion to make it more specific. Both were overruled. ’The…
2Cases cited4 opinions
- Lake Shore & Michigan Southern Railway Co. v. PrenticeSupreme Court of the United States · 1893
- Lou. & Nash. R. R. v. MitchellCourt of Appeals of Kentucky · 1888
- Lou. & Nash. R. R. v. BallardCourt of Appeals of Kentucky · 1887
- Louisville & Nashville Railroad v. LongCourt of Appeals of Kentucky · 1893
3Cited by4 opinions
- New Ellerslie Fishing Club v. StewartCourt of Appeals of Kentucky · 1906
- Williams' Admr. v. Southern RailwayCourt of Appeals of Kentucky · 1903
- Louisville & Nashville Railroad v. McCoyCourt of Appeals of Kentucky · 1917
- Mace v. Ashland Coal & Iron Ry. Co.Court of Appeals of Kentucky · 1904