Mize v. Louisville & N. R. R.
Court of Appeals of Kentucky
CASE 50. — ACTION BY HAMP MIZE AGAINST THE LOUISVILLE & NASHVILLE R. R. CO. FOR DAMAGES FOR PERSONAL INJURIES. Appeal from. Whitley Circuit Court. M. J. Moss, Circuit Judge.
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CASE 50. — ACTION BY HAMP MIZE AGAINST THE LOUISVILLE & NASHVILLE R. R. CO. FOR DAMAGES FOR PERSONAL INJURIES. Appeal from. Whitley Circuit Court. M. J. Moss, Circuit Judge. Judgment for defendant, plaintiff appeals In this case the bold, stubborn fact shows that the torpedo was negligently left on the railroad tracks; thiat it was dangerous, and that appellant did not know it was on the track, and did not know of the danger by it being placed there, and for the reasons given we insist that the case be reversed. (111. Cent. R. R. Co. v. Leisarr’s Admr., 28 Ky. Law Rep., 768; L. & N. R. R. Co.…
1Opinion of the Court
Opinion of the Court by
Judge Lassing
Affirming.
Appellant was a section hand in the employ of the Louisville & Nashville Railroad Company, working under the direction of a section foreman. On the morning of March 28, 1905, this foreman, with appellant and a gang of men, left Jellico, Tennessee, on a hand car to go to a point north of Saxton to work. They rode in this way until they met a passenger train which ‘was going south. In some way unexplained in the record, the hand car became disabled, and from this point, to the place where they were to work that day the hand ear was pushed by the…
2Cited by6 opinions
- Southern Railway Co. v. HowertonIndiana Supreme Court · 1914
- Louisville & Nashville Railroad v. WilliamsCourt of Appeals of Kentucky · 1915
- Williams v. Kentucky River Power Co.Court of Appeals of Kentucky · 1918
- Gordon v. Chesapeake & Ohio Railway Co.Court of Appeals of Kentucky · 1915
- Commonwealth v. SpillerCourt of Appeals of Kentucky · 1915
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