Carroll's Admr. v. City of Louisville
Court of Appeals of Kentucky
Case 90 — Action bt Pat Carroll’s Admr. against Citt of Louisville and L. & N. R. R. Co. for Causing Death of Plaintiff’s Intestate. APPEAL FROM JEFFERSON CIRCUIT COURT. Judgment for Defendants and Plaintiff Appeals. PEREMPTORY INSTRUCTION IMPROPER. WHEN. 1. It is now elementary law in this -State that, “Where the evidence conduces in any degree to establish the right of recovery, it is improper to give a peremptory instruction for the defendant.”
Read the full summary
Case 90 — Action bt Pat Carroll’s Admr. against Citt of Louisville and L. & N. R. R. Co. for Causing Death of Plaintiff’s Intestate. APPEAL FROM JEFFERSON CIRCUIT COURT. Judgment for Defendants and Plaintiff Appeals. PEREMPTORY INSTRUCTION IMPROPER. WHEN. 1. It is now elementary law in this -State that, “Where the evidence conduces in any degree to establish the right of recovery, it is improper to give a peremptory instruction for the defendant.” L. & N. R. R. Co. v. Howard, 82 Ky., 212; Shelby v. C. N. 0. & T. P. R. R. Co., 85 Ky., 224; Ziegler v. Robinson, 12 R., 558. 2. Likewise, “A…
1Opinion of the Court
Opinion of the court by
CHIEF JUSTICE BURNAM
Affirming.
The appellant, who was the plaintiff below, 'brought this action to recover damages tor the death of his intestate, which he alleges resulted from the negligence of the appellees, the city of Louisville and the Louisville & Nashville Railroad Company, in the construction of the railroad crossing at the intersection of Third and A streets, in the city of Louisville. The allegation of negligence recited in plaintiff’s petition is as follows: “On or about April 1, 1901, the defendants arranged the crossing at Third and A streets in the…
2Cases cited1 opinion
- Teager v. City of FlemingsburgCourt of Appeals of Kentucky · 1901
3Cited by12 opinions
- Majestic Theater Company v. LutzCourt of Appeals of Kentucky (pre-1976) · 1925
- City of Lebanon v. GravesCourt of Appeals of Kentucky · 1918
- Tudor v. City of LouisvilleCourt of Appeals of Kentucky · 1916
- Von Almen's Administrator v. City of LouisvilleCourt of Appeals of Kentucky · 1918
- Pugh v. City of CatlettsburgCourt of Appeals of Kentucky (pre-1976) · 1926
7 more not listed; retrieve them via the Exa API.