Cincinnati, &c., Railroad v. Palmer
Court of Appeals of Kentucky
Case 63 — PETITION ORDINARY — APPEAL FROM BOYLE CIRCUIT COURT 1. A peremptory instruction should have been given. (a) It is manifest from the evidence that Palmer was not ord-> ered to make the coupling. If, as he claims, it was not his duty to make the coupling, and he did it without orders from his superiors, he was acting as a volunteer aid can not recover. (Brice v. L. & N. R. Co., 10 Ky. Law Rep., 526; Hogan v. Northern Pac. R. Co., 53 Fed.
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Case 63 — PETITION ORDINARY — APPEAL FROM BOYLE CIRCUIT COURT 1. A peremptory instruction should have been given. (a) It is manifest from the evidence that Palmer was not ord-> ered to make the coupling. If, as he claims, it was not his duty to make the coupling, and he did it without orders from his superiors, he was acting as a volunteer aid can not recover. (Brice v. L. & N. R. Co., 10 Ky. Law Rep., 526; Hogan v. Northern Pac. R. Co., 53 Fed. Rep., 519.) (&) If it was one of the duties of plaintiff to couple the train and he was injured while performing that duty, then there can be no…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion op the court.
The appellee, Palmer, was an employe of the Cincinnati, New Orleans & Texas Pacific Railway Company. For an injury resulting in the amputation of his thumb, this action was brought to recover damages, alleging the injury ■was inflicted upon him by the gross and wilful carelessness of defendant in requiring him to perform the service of coupling the cars, and by its gross and willful carelessness and negligence in running the engine against the train, car or cars; that he was directed, required and compelled to perform such service by the…
2Cases cited5 opinions
- Maysville & Lexington R. R. v. HerrickCourt of Appeals of Kentucky · 1877
- L. & N. R. R. v. MooreCourt of Appeals of Kentucky · 1886
- Louisville & Nashville Railroad v. Brooks' Adm'xCourt of Appeals of Kentucky · 1885
- Louisville & Nashville Railroad v. LongCourt of Appeals of Kentucky · 1893
- Volz v. Chesapeake, R.Court of Appeals of Kentucky · 1893
3Cited by5 opinions
- Louisville & N. R. R. v. BrownCourt of Appeals of Kentucky · 1908
- Linck's Administrator v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1899
- Burton Construction Co. v. MetcalfeCourt of Appeals of Kentucky · 1915
- Swann-Day Lumber Co. v. ThomasCourt of Appeals of Kentucky · 1908
- Nebo Coal Co. v. BarnettCourt of Appeals of Kentucky · 1915