Gates v. Chesapeake & Ohio Railway Co.
Court of Appeals of Kentucky
Appeal from Mason Circuit Court.
1Opinion of the Court
Opinion of the Court by
Judge Quin
Reversing.
Does a railroad company voluntarily undertaking the care of an injured trespasser thereby subject itself to liability, if through its negligence, the injuries are aggravated or the injured person’s condition is made worse?
This question, a new one in our state, is presented for our decision by the present record.
The appeal is from a judgment of the lower court sustaining a demurrer to a petition alleging:
“That on or about November 15th, 1914, while riding with a couple of friends on one of defendant’s freight trains on his way to Vanceburg, Ky., to…
2Cases cited11 opinions
- Northern Central Railway Co. v. State ex rel. PriceCourt of Appeals of Maryland · 1868
- Union Pacific Railway Co. v. CappierSupreme Court of Kansas · 1903
- Fagg's Admr. v. Louisville & N. R. R. Co.Court of Appeals of Kentucky · 1901
- Baltimore & Ohio Railroad v. StateCourt of Appeals of Maryland · 1875
- Louisville & Nashville Railroad v. Ellis' Admr.Court of Appeals of Kentucky · 1895
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- President & Directors of Georgetown College v. HughesCourt of Appeals for the D.C. Circuit · 1942
- Marsalis v. La SalleLouisiana Court of Appeal · 1957
- Turbeville v. Mobile Light R. Co.Supreme Court of Alabama · 1930
- Fitzgerald v. Chesapeake & Ohio Railway Co.West Virginia Supreme Court · 1935
- David v. Southern Farm Bureau Casualty Insurance Co.Louisiana Court of Appeal · 1960
1 more not listed; retrieve them via the Exa API.