Owen v. Louisville & Nashville Railroad
Court of Appeals of Kentucky
Case 8á — PETITION ORDINARY APPEAL EROM JBEEBRSON COURT OE COMMON PLEAS. 1. Defendant’s attempted plea of contributory negligence is insufficient, because it does not state that the alleged negligence of plaintiff was a cause of the injury. 2. This being a case of willful negligence on the part of the railroad company, there could be no plea of contributory negligence. (Claxton v. Lex.
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Case 8á — PETITION ORDINARY APPEAL EROM JBEEBRSON COURT OE COMMON PLEAS. 1. Defendant’s attempted plea of contributory negligence is insufficient, because it does not state that the alleged negligence of plaintiff was a cause of the injury. 2. This being a case of willful negligence on the part of the railroad company, there could be no plea of contributory negligence. (Claxton v. Lex. R. It., 13 Bush, 642; L. & N. R. R. v. McCoy, 81 Ky., 414; Jacobs v. L. & N. R. R., 10 Bush, 272.) . 3. Notwithstanding the provisions of the bill of lading that the shipper should unload the horse, it was the…
1Opinion of the Court
JUDGE PKYOB
delivered the opiktoh of the court.
The appellants, Owen and McKinney, being the owners of a valuable trotting horse, and desiring to exhibit him at the fair near Chicago, Illinois, in the month of September, in the year 1886, contracted with the appellee, the Louisville & Nashville Railroad Company, to carry the horse from Shelbyville, Ky., where the appellants lived, to the fair grounds at Chicago. It seems that the horse was seriously injured in taking him from the cars at the place of destination, the fair •grounds, and the appellants instituted this action against the railroad…
2Cases cited2 opinions
- New Jersey Steam Navigation Company v. MERCHANTS'BANK.Supreme Court of the United States · 1848
- Southern Express Co. v. HunnicuttMississippi Supreme Court · 1877
3Cited by9 opinions
- Nelson v. Great Northern Railway Co.Montana Supreme Court · 1903
- Chicago, Indianapolis & Louisville Railway Co. v. BaughIndiana Supreme Court · 1911
- Ohio & Mississippi Railway Co. v. TaborCourt of Appeals of Kentucky · 1895
- Howard v. Illinois Central RailroadCourt of Appeals of Kentucky · 1914
- Klair v. Philadelphia, Baltimore & Washington RailroadSuperior Court of Delaware · 1910
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