Chesapeake & Ohio Ry. Co. v. Morgan
Court of Appeals of Kentucky
CASE 85. — ACTION BY MARY J. MORGAN AGATNST THE CHESAPEAKE & OHIO RAILWAY COMPANY AND OTHERS FOR PERSONAL INJURIES. — October 13. Appeal from Lewis Circuit Court. S. G. Kinner, Circuit Judge. Judgment for plaintiffs, defendants appeal — POINTS AND AUTHORITIES. 1. The verdict of the jury is flagrantly against the evidence.
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CASE 85. — ACTION BY MARY J. MORGAN AGATNST THE CHESAPEAKE & OHIO RAILWAY COMPANY AND OTHERS FOR PERSONAL INJURIES. — October 13. Appeal from Lewis Circuit Court. S. G. Kinner, Circuit Judge. Judgment for plaintiffs, defendants appeal — POINTS AND AUTHORITIES. 1. The verdict of the jury is flagrantly against the evidence. A jury’s verdict which is supported only by a presumption and which is contrary to all the direct and uncontradicted evidence introduced, cannot be sustained upon the theory of conflicting evidence. (Ky. Cent. R. Co. v. Talbot, 78 Ky., 621; N. N. & M. V. R. Co. v. Mitchell,…
1Opinion of the Court
Opinion op the Court by
Judge Nunn —
Affirming.
This appeal is from a judgment for $600 in favor uf appellee. Appellant asks a reversal of the judgment for two reasons: First, because the verdict of the jury was flagrantly against the evidence; second, on account of error in instruction No. 1 given by the court to the jury. We will consider the last proposition first. The instruction complained of is as follows: “The court instructs the jury that the defendants, in undertaking to carry plaintiff as a passenger on their train, did not insure her absolute safety, but it was their duty to exercise…
2Cases cited1 opinion
- Morgan v. Chesapeake & Ohio Ry. Co.Court of Appeals of Kentucky · 1907
3Cited by9 opinions
- Henson v. Fidelity & Columbia Trust Co.Court of Appeals for the Sixth Circuit · 1933
- Lopez v. Resort Airlines, Inc.District Court, S.D. New York · 1955
- Kulack v. the Pearl JackDistrict Court, W.D. Michigan · 1948
- Consolidation Coal Co. v. MooreCourt of Appeals of Kentucky · 1918
- Big ChiefDistrict Court, E.D. Missouri · 1948
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