Davis v. Paducah Railway & Light Co.
Court of Appeals of Kentucky
Case 38 — Action to Recover Damages por Personal Injuries.— APPEAL FROM M’CRACKEN CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. POINTS DISCUSSED AND AUTHORITIES. 1. Good faith is no part of the definition of negligence. 2. Contributory negligence, to be available as a defense, must be alleged in the plea. L. & N. R. R. 'Co. v. Schuster, 10th L. R., 65; and though plaintiff contribute to his injury, it will not bar a recovery unless he is in fault in so doing.
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Case 38 — Action to Recover Damages por Personal Injuries.— APPEAL FROM M’CRACKEN CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. POINTS DISCUSSED AND AUTHORITIES. 1. Good faith is no part of the definition of negligence. 2. Contributory negligence, to be available as a defense, must be alleged in the plea. L. & N. R. R. 'Co. v. Schuster, 10th L. R., 65; and though plaintiff contribute to his injury, it will not bar a recovery unless he is in fault in so doing. South Cov. & Cin. St. Ry. v. Ware, 84 Ky., 267; also that standing upon a crowded street car when there is no room to…
1Opinion of the Court
Opinion op tiie court by
JUDGE HOBSON
Reversing.
Appellant, Rachel Davis, ivas a passenger on one of the cars of the appellee, the Padncali Railway & Light Company. The ear was very much crowded, and she, being unable to get a seat inside of the 'car, was on the front platform. As we understand the proof, she ivas on the front end of the front car. on which was the motor, and behind it were (wo other cars, called “trailers,” which were pulled by it. The cars were coming into the city from JJie fair ground, and when they first started wen1 moved slowly, to give the conductor time to take up the…
2Cases cited2 opinions
- Marsh v. PierSupreme Court of Pennsylvania · 1833
- Louisville City Railway v. WeamsCourt of Appeals of Kentucky · 1882
3Cited by8 opinions
- Louisville & Nashville Railroad v. MitchellCourt of Appeals of Kentucky · 1915
- Morgan v. Chesapeake & Ohio Ry. Co.Court of Appeals of Kentucky · 1907
- Henning v. StevensonCourt of Appeals of Kentucky · 1904
- Louisville & Nashville Railroad v. Kemp's AdministratorCourt of Appeals of Kentucky · 1912
- Louisville & Nashville Railroad v. ChambersCourt of Appeals of Kentucky · 1915
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