Legal Opinion

Stringfield v. Louisville Ry. Co.

Court of Appeals of Kentucky

Decided November 18, 1908PublishedCited by 7 opinions

CASE°60. — PERSONAL INJURY ACTION BY CHARLES E. STRINGFIELD AGAINST THE LOUISVILLE RY. CO. Appeal from Jefferson Circuit Court (Common Pleas Branch, Third Division). Matt O’Doherty, Judge. Judgment for defendant. Plaintiff appeals. — AUTHORITIES. 1. The burden of proof was on plaintiff and he should have been given the closing argument. (Stringfield v. Lou. Ry. Co., 32 Ky. Law Rep. -, 105 S. W. 1190, 3 Cyc. 1087; Finnel v. Bohannon, 19 Ky.

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CASE°60. — PERSONAL INJURY ACTION BY CHARLES E. STRINGFIELD AGAINST THE LOUISVILLE RY. CO. Appeal from Jefferson Circuit Court (Common Pleas Branch, Third Division). Matt O’Doherty, Judge. Judgment for defendant. Plaintiff appeals. — AUTHORITIES. 1. The burden of proof was on plaintiff and he should have been given the closing argument. (Stringfield v. Lou. Ry. Co., 32 Ky. Law Rep. -, 105 S. W. 1190, 3 Cyc. 1087; Finnel v. Bohannon, 19 Ky. Law Rep. 1507, 44 S. W. 94; Hess v. Hymson, 29 Ky. Law Rep. 327, 93 S. W. 9; Frankfort & Versailles Traction Co. v. Marshall, 30 Ky. Law Rep. 431, 98 S.…

1Opinion of the Court

Opinion of the Court by

Judge Nunn —

Affirming.

This is the second appeal of this ease; the plaintiff in the court below being the appellant on each appeal. Appellant claimed in his petition that, on July 18, 3906, while he was a passenger on one of the cars of appellee, he was willfully and maliciously assaulted by the conductor; was seized by the back of the’ neck, and thrown from the car while it was in motion; that because of this act he was severely and permanently injured. The answer filed by appellee contained two paragraphs, the first being a traverse, and the second a plea of…

2Cases cited3 opinions

  1. Davis v. McCorkleCourt of Appeals of Kentucky · 1879
  2. Mason v. MasonCourt of Appeals of Kentucky · 1868
  3. Wadsworth v. HendersonU.S. Circuit Court for the District of Kentucky · 1883

3Cited by7 opinions

  1. Nashville, Chattanooga & St. Louis Railway Co. v. BanksCourt of Appeals of Kentucky · 1916
  2. Nashville, Chattanooga & St. Louis Railway Co. v. HenryCourt of Appeals of Kentucky · 1916
  3. Kentucky Traction & Terminal Co. v. Downing's AdministratorCourt of Appeals of Kentucky · 1914
  4. Consolidation Coal Co. v. MooreCourt of Appeals of Kentucky · 1918
  5. Wall's Exor. v. DimmittCourt of Appeals of Kentucky · 1911

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