Southern Ry. v. Clifford
Court of Appeals of Kentucky
Case 82 — Action to Recover Damages.for Personal. Injuries— APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. Judgment for Plaintiff and Defendant Appeals.
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Case 82 — Action to Recover Damages.for Personal. Injuries— APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. Judgment for Plaintiff and Defendant Appeals. The petition alleges that the brakeman, Clifford, gave a signal for the train to go slow and then stop, and that the fireman or engineer, through negligence, either failed to see Clifford’s signal, or failed to obey it, and that he, Clifford, who was, the brakeman,, went between the- oars at Versailles to make a. coupling, and through the negligence of defendant his hand, was caught in making the coupling and was injured. The…
1Opinion of the Court
Opinion op the court by
JUDGE WHITE
Reversing.
JUDGE GUF-FY DISSENTING.
Appellee, Clifford, was in the employ of appellant as a brakeman on a freight train, and was injured while making a coupling of cars, and brought this action to re-" cover damages for the injury. The cause of1 appellee’s injury is stated to be the negligence of the fireman on the • engine in failing to receive signals given to slow and to ■stop; also the negligence of the engineer to obey the signals- given, and in “backing up” at an excessive and dangerous rate of speed. There was denial of negligence in either particular…
2Cases cited5 opinions
- Louisville & Nashville R. R. v. FoardCourt of Appeals of Kentucky · 1898
- L. & N. R. R. v. MooreCourt of Appeals of Kentucky · 1886
- Linck's Administrator v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1899
- Volz v. Chesapeake, R.Court of Appeals of Kentucky · 1893
- Edmonson v. Kentucky Central Railway Co.Court of Appeals of Kentucky · 1899
3Cited by1 opinion
- Louisville & Nashville R. R. v. PearcyCourt of Appeals of Kentucky · 1910