Legal Opinion

Louisville & Nashville Railroad v. Williams

Court of Appeals of Kentucky

Decided December 12, 1893PublishedCited by 9 opinions

Cape 33 — PETITION ORDINARY APPEAL PROM KENTON CIRCUIT COURT. The car by which plaintiff was injured being a car from another railroad, if the defect was one of construction, arising from the way in which the car was built, and in consequence of that defect plaintiff was injured, defendant is not liable therefor.

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Cape 33 — PETITION ORDINARY APPEAL PROM KENTON CIRCUIT COURT. The car by which plaintiff was injured being a car from another railroad, if the defect was one of construction, arising from the way in which the car was built, and in consequence of that defect plaintiff was injured, defendant is not liable therefor. When the defendant received and undertook to transport this car, if it was in good order, it was hut obeying the mandate of the Constitution, and negligence can not he imputed to it for so doing. (Const, of Ky., sec. 213; Railroad Co. v. Smithson, 45 Mich., 212; s. c., 7 N. W., 791;…

1Opinion of the Court

JUDGE PRYOR

delivered the opinion of the court.

The appellee, Daniel "Williams, while in the employ of the Louisville & Nashville Railroad Company as a brakeman, in the attempt to couple two -freight cars had his hand so badly mashed as to render the amputation of his-arm necessary below the elbow. He instituted this-*201action for the injury received, alleging gross neglect on the part of those over him, and whose orders he was required to obey, and recovered the sum of $3,500 in damages. His recovery was based on the alleged defective condition of one of the cars he was engaged in coupling, the…

2Cases cited2 opinions

  1. Indianapolis Bloomington & Western R. R. v. FlaniganIllinois Supreme Court · 1875
  2. Baldwin v. C., R. I. & P. R.Supreme Court of Iowa · 1879

3Cited by9 opinions

  1. Miller v. MuscarelleNew Jersey Superior Court Appellate Division · 1961
  2. Commonwealth v. GrinsteadCourt of Appeals of Kentucky · 1900
  3. Wellman v. Pacer Oil CompanySupreme Court of Missouri · 1973
  4. Kiley v. Rutland RailroadSupreme Court of Vermont · 1908
  5. L. & N. R. R. v. FrepponCourt of Appeals of Kentucky · 1909

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