Sullivan v. L. & N. R. R.
Court of Appeals of Kentucky
Case 53. — Action by D. J. Sullivan against the L. & N. R. R. Co. to Recoves Damages fob Personal Injury. APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. Judgment for Defendant and Plaintiff Appeals- It is shown by the evidence! in this1 case that the foreman of a switching crew holds the! same relation to the switchmen under him that a conductor holds to a brakeman. The injury to decedent occurred in this way: The emginef had taken water and was ready, to start.
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Case 53. — Action by D. J. Sullivan against the L. & N. R. R. Co. to Recoves Damages fob Personal Injury. APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. Judgment for Defendant and Plaintiff Appeals- It is shown by the evidence! in this1 case that the foreman of a switching crew holds the! same relation to the switchmen under him that a conductor holds to a brakeman. The injury to decedent occurred in this way: The emginef had taken water and was ready, to start. Decedent wap at his proper place on the foot board in front of the engine. Thei foreman took a torpedo which he found…
1Opinion of the Court
Opinion of the court by
JUDGE O’REAR
Affirming.
The foreman of a switching crew in appellee’s yard, at Louisville, found a torpedo among -some rubbish in a tool box on the switch engine. As a prank he placed it on the rail in front of one of the driving wheels of the locomotive, *450which, passing over the torpedo, exploded it, a fragment striking appellant, a member of the crew, and injuring his leg. It is conceded that the switching crew had no occasion to use torpedoes in their work, and that the use of the one causing the injury named was entirely without the line of the foreman’s duty. In this…
2Cases cited6 opinions
- Morier v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1884
- Cousins v. Hannibal & St. Joseph R. R.Supreme Court of Missouri · 1877
- Marion v. C., R. I. & P. R.Supreme Court of Iowa · 1882
- Davis v. HoughtellinNebraska Supreme Court · 1891
- Smith v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Galveston, Harrisburg & San Antonio Railway Co. v. CurrieTexas Supreme Court · 1906
- Tyler v. Stephan's AdministratrixCourt of Appeals of Kentucky · 1915
- Courtney v. American Ry. Express Co.Supreme Court of South Carolina · 1922
- New Ellerslie Fishing Club v. StewartCourt of Appeals of Kentucky · 1906
- Cincinnati, New Orleans & Texas Pacific Ry. Co. v. RueCourt of Appeals of Kentucky · 1911
26 more not listed; retrieve them via the Exa API.