Kentucky Central Railroad v. Thomas' adm'r
Court of Appeals of Kentucky
Case 31 — ORDINARY APPEAL FROM HARRISON CIRCUIT COURT. 1. The decedent, as messenger of Adams Express Company off from duty, had no right to take his seat in the baggage car. His place-was in a passenger car. 2. He was guilty of contributory negligence by taking his seat in a more-dangerous place, if the train should be wrecked by a collision. 3. The court erred in instructing the jury. (Ky. Cen.
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Case 31 — ORDINARY APPEAL FROM HARRISON CIRCUIT COURT. 1. The decedent, as messenger of Adams Express Company off from duty, had no right to take his seat in the baggage car. His place-was in a passenger car. 2. He was guilty of contributory negligence by taking his seat in a more-dangerous place, if the train should be wrecked by a collision. 3. The court erred in instructing the jury. (Ky. Cen. R. R. Oo. v. Dills,, 4 Bush, 593; L. & N. R. R. Co. v. Sickings, 5 Ib., 1; O’Donnell v. R. R. Co., 59 Penn., 250; Central Law Journal, 1878; B. & P. R. R„ Co. v. Jones, Sup. Ct. Rep., 1877; 4 Bush,…
1Opinion of the CourtChief Justice Cofer
June 21, 1876, while one of the appellant’s passenger trains was proceeding on its way from Lexington to Covington, it came in collision with a herd of cattle straying on the track, and the engine, baggage, and express car were wrecked, whereby Edwin M. Thomas, then traveling in the latter, was instantly killed.
This action was brought by his personal representative uffider section 1, chapter 57, of the General Statutes, to recover damages for the loss of the life of Thomas, on the ground that it was caused by the negligence of the agents and employes of the company.
The answer admitted the…
2Cases cited15 opinions
- Caldwell v. . New Jersey Steamboat Co.New York Court of Appeals · 1872
- McAunich v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1866
- Colegrove v. New York & New Haven RailroadNew York Court of Appeals · 1859
- Edgerton v. . New York Harlem R.R. Co.New York Court of Appeals · 1868
- Smith v. . New York and Harlem Railroad CompanyNew York Court of Appeals · 1859
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3Cited by24 opinions
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- Gulf, Colorado & Santa Fe Railway Co. v. RowlandTexas Supreme Court · 1897
- Florida Railway & Navigation Co. v. WebsterSupreme Court of Florida · 1889
- Linforth v. S.F. Gas and Electric Co.California Supreme Court · 1909
- St. L., I. M. & S. Ry. v. RiceSupreme Court of Arkansas · 1888
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