Legal Opinion

McDermott v. Kentucky Central Railroad

Court of Appeals of Kentucky

Decided October 22, 1892PublishedCited by 23 opinions

Case 73 — PETITION ORDINARY APPEAL FROM BOURBON COURT OF COMMON PLEAS. 1. If there be any evidence, however slight, conducing to show the right of recovery, the plaintiff has the right to have the question settled by the jury. (Given’s Adm’r v. Ky. Cent. R. Co., 12 Ky.

Read the full summary

Case 73 — PETITION ORDINARY APPEAL FROM BOURBON COURT OF COMMON PLEAS. 1. If there be any evidence, however slight, conducing to show the right of recovery, the plaintiff has the right to have the question settled by the jury. (Given’s Adm’r v. Ky. Cent. R. Co., 12 Ky. Law Rep., 950.) 2. It is the duty of the servants in charge of an engine or train of cars on that part of a railroad track in a town or city known to be used by the public as a passway, to keep a lookout for persons on the track. (Lou. & Nash. R. Co. v. Potts’ Adm’r, 13 Ky. Law Rep., 345 ; Oonlo3r v. Cincinnati, &c., R. Co., 89…

1Opinion of the Court

JUDGE LEWIS

DELIVERED THE OPINION OR THE COURT.

Appellant, an infant suing by Ms father, brought this action to recover for an injury to his foot, resulting in amputation just above the ankle, caused by one of appellee’s locomotives running over it. But the lower court having, at conclusion of plaintiff’s evidence, instructed the jury to find for defendant, which was done, the single question presented on this appeal is whether there was evidence conducing to show legal liability for the injury complained of.

It appears that the railroad track upon which appellant, then about eight years of age,…

2Cases cited1 opinion

  1. Shelby's Adm'r v. Cincinnati, New Orleans & Texas Pacific R. R.Court of Appeals of Kentucky · 1887

3Cited by23 opinions

  1. Ryan v. TowarMichigan Supreme Court · 1901
  2. Felton v. AubreyCourt of Appeals for the Sixth Circuit · 1896
  3. Palmer v. Oregon Short Line R.Utah Supreme Court · 1908
  4. Arkansas & Louisiana Railway Co. v. SainSupreme Court of Arkansas · 1909
  5. Southern Railway Co. v. SandersCourt of Appeals of Kentucky · 1911

18 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API