Legal Opinion

Chesapeake & Ohio R'y. Co. v. Lang's Admr.

Court of Appeals of Kentucky

Decided December 3, 1896PublishedCited by 12 opinions

Case 35 — PETITION ORDINARY APPEAL EROM KENTON CIRCUIT COURT. 1. While it is not per se negligence to ride upon the platform of a car, hut to voluntarily and unnecessarily stand or ride upon the platform, if there is standing room within the car, is such negligence as will prevent a recovery for an injury received while thereon.

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Case 35 — PETITION ORDINARY APPEAL EROM KENTON CIRCUIT COURT. 1. While it is not per se negligence to ride upon the platform of a car, hut to voluntarily and unnecessarily stand or ride upon the platform, if there is standing room within the car, is such negligence as will prevent a recovery for an injury received while thereon. (Beach on Contributory Negligence, sec. 54; Patterson on Railway Accident Law; Hutchinson on Carriers, sec. 272; Pierce on Railroads, pp. 316-17.) 2. The measure of compensatory damages where the life of one is lost through the negligence of another, is the power of…

1Opinion of the CourtChief Justice Pryor

Albert D. Lang, while a passenger on tbe train of tbe appellant, lost bis life by reason of a collision between tbe train upon which be was being carried and a freight train or freight cars that were standing upon a. side track into which tbe switch opened. Tbe appellee’» intestate was standing on tbe platform of tbe front car and tbe collision caused him to fall from bis position, re-receiving such injuries as resulted in bis death.

One of tbe grounds of defense was that the decedent lost bis life by reason of bis own negligence in placing; himself where danger was imminent and bnt for which…

2Cited by12 opinions

  1. Murray v. Philadelphia Transportation Co.Supreme Court of Pennsylvania · 1947
  2. Pennsylvania Railroad Company v. Clarence A. McKinleyCourt of Appeals for the Sixth Circuit · 1961
  3. West Kentucky Coal Co. v. Shoulders' AdministratorCourt of Appeals of Kentucky (pre-1976) · 1930
  4. Lane v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Oklahoma · 1907
  5. Louisville & Nashville R. R. v. Eakin's Adm'rCourt of Appeals of Kentucky · 1898

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