L. & N. R. R. v. McCandless
Court of Appeals of Kentucky
Case 15 — ACTIONS BY HELEN McCANDLESS AND HATTIE McCANDLESS AGAINST THE LOUISVILLE & NASHVILLE R. R. CO. FOR DAMAGES' FOR PERSONAL INJURIES — Appeal from Hardin Circuit Court. Weed S. Chele, Circuit Judge. Judgment for Plaintiffs. Defendant appeals. POINTS'AND AUTHORITIES. 1. The court should have given the peremptory instruction at the conclusion of appellee’s evidence, or at the conclusion of all the evidence.
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Case 15 — ACTIONS BY HELEN McCANDLESS AND HATTIE McCANDLESS AGAINST THE LOUISVILLE & NASHVILLE R. R. CO. FOR DAMAGES' FOR PERSONAL INJURIES — Appeal from Hardin Circuit Court. Weed S. Chele, Circuit Judge. Judgment for Plaintiffs. Defendant appeals. POINTS'AND AUTHORITIES. 1. The court should have given the peremptory instruction at the conclusion of appellee’s evidence, or at the conclusion of all the evidence. (Ohio Valley R. Co.’s Recvr., &c., v. Young, 19 R. 158; L. & N. R. Co. v. Penrod’s Admr., 108 Ky. 172; L. & N. R. Co. v. Smith, 107 Ky. 178; Hudson v. L. & N. R. Co., 14 (Bush, 303.)…
1Opinion of the Court
Opinion by
John D. Carroll, Commissioner.
Reversing.
These two appeals involving the same questions of law and fact- are heard together. The appellees were driving in a buggy on a public road leading to Upton, Ky. Alleging that the horse they were driving was frightened and made to run off by the unnecessary, negligent, continued, and wanton whistling of one of appellant’s engines, causing them to be thrown out of the buggy and severely injured, they brought these actions against the company, and on the trial of the cases each of them recovered a judgment, to reverse which these appeals are…
2Cases cited3 opinions
- Louisville & Nashville Railroad v. SmithCourt of Appeals of Kentucky · 1899
- Hudson v. L. & N. R. R.Court of Appeals of Kentucky · 1878
- Kentucky & Indiana Bridge Co.'s Receiver v. MontgomeryCourt of Appeals of Kentucky · 1902
3Cited by12 opinions
- Kentucky Traction & Terminal Co. v. HumphreyCourt of Appeals of Kentucky · 1916
- Conway v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1909
- Garner v. Missouri Pacific Railroad Co.Supreme Court of Arkansas · 1946
- Robinson v. Chesapeake & Ohio Railway Co.Court of Appeals of Kentucky (pre-1976) · 1929
- Louisville & Nashville Railroad v. MitchellCourt of Appeals of Kentucky · 1917
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