Louisville & N. R. R. v. Wilson
Court of Appeals of Kentucky
CASE 106. — ACTION BY CARL WILSON AGAINST THE LOUISVILLE & NASHVILLE RAILROAD CO., FOR DAM- • AGES FOR PERSONAL INJURIES. Appeal from Jefferson Circuit Court, Common Pleas Branch (Second Division). Thomas R. Gordon, Judge. Judgment for plaintiff. Defendant appeals.
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CASE 106. — ACTION BY CARL WILSON AGAINST THE LOUISVILLE & NASHVILLE RAILROAD CO., FOR DAM- • AGES FOR PERSONAL INJURIES. Appeal from Jefferson Circuit Court, Common Pleas Branch (Second Division). Thomas R. Gordon, Judge. Judgment for plaintiff. Defendant appeals. On this state of the record, we submit: ' 1. That under the circumstances of this case, to-wit, as to a wide-awake pedestrian walking practically towards the train which struck him, that the lowering of the gates was not the only means of giving a reasonable warning of the train’s approach. (Baducah & Memphis R. Co. v. Hoehl, 12…
1Opinion of the Court
Opinion op the Court by
Judge Hobson
Affirming.
The tracks of the Louisville & Nashville Railroad Company leading from the south into Louisville cross diagonally Seventh street at and a little north of its intersection, with' Magnolia avenue. There are gates maintained by the company on both sides of the crossing. Seventh street at this point is a much traveled city highway; perhaps the most traveled highway leading into the city from the country. On the 11th of November, 1905, about 6 p. m. Carl Wilson, then 18 years of age, who lived south of the crossing, went up Seventh street, past the…
2Cases cited4 opinions
- Northern Central Ry. Co. v. State Ex Rel. GilmoreCourt of Appeals of Maryland · 1905
- Stegner v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1905
- Sights v. Louisville & N. R. R.Court of Appeals of Kentucky · 1904
- L. & N. R. R. v. SightsCourt of Appeals of Kentucky · 1905
3Cited by6 opinions
- Rase v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1909
- Louisville & Nashville R. R. v. RothCourt of Appeals of Kentucky · 1908
- Payne v. Barnette's AdministratorCourt of Appeals of Kentucky · 1922
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. Prewitt's AdministratorCourt of Appeals of Kentucky · 1924
- Chesapeake & O. Ry. Co. v. PittmanCourt of Appeals of Kentucky (pre-1976) · 1942
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