Southern Ry. Co. v. Winchester's Ex'x
Court of Appeals of Kentucky
CASE 17. — ACTION BY CLARK A. WINCHESTER’S EXECUTRIX AGAINST THE SOUTHERN RAILWAY IN 'KENTUCKY FOR THE NEGLIGENT DEATH OF PLAINTIFF’S INTESTATE. Appeal from Jefferson Circuit Court; Common Pleas Branch; First Division. Emmett Field, Judge.
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CASE 17. — ACTION BY CLARK A. WINCHESTER’S EXECUTRIX AGAINST THE SOUTHERN RAILWAY IN 'KENTUCKY FOR THE NEGLIGENT DEATH OF PLAINTIFF’S INTESTATE. Appeal from Jefferson Circuit Court; Common Pleas Branch; First Division. Emmett Field, Judge. Judgment for plaintiff, defendant appeals POINTS AND AUTHORITIES. 1. Even if there was a scintilla of evidence requiring a submission of the case to the jury, the lower court should have set aside the verdict because flagrantly against the weight of the evidence. (Hurt v. L. & N. R. R. Co., 116 Ky., 550.) 2. Evidence that the crossing bell did not ring’ on…
1Opinion of the Court
*147Opinion op the Court bt
Judge Hobson
Reversing.
On November 29, 1905, about 5:40 a. m., Clark A. Winchester was struck by an out-going train of the Southern Railway Company in Kentucky on the Hemlock Street crossing in Louisville, Ky., and instantly killed. This action was brought by his executrix to recover for his death, and, judgment having been entered in favor of the plaintiff against the railway company, it appeals.
It is charged in the petition that the Hemlock Street crossing was unusually dangerous; that it was much used; that the train that struck Winchester was running at a too rapid…
2Cases cited1 opinion
- Louisville & N. R. R. Co. v. Cummins' Admr.Court of Appeals of Kentucky · 1901
3Cited by23 opinions
- Tisdale v. Panhandle & S. F. Ry. Co.Texas Commission of Appeals · 1921
- Galveston H. & S. A. Ry. Co. v. WellsTexas Supreme Court · 1932
- Southern Railway Co. v. SandersCourt of Appeals of Kentucky · 1911
- Stull's Administratrix v. Kentucky Traction & Terminal Co.Court of Appeals of Kentucky · 1916
- Conway v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1909
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