Louisville & Nashville R. R. v. Foard
Court of Appeals of Kentucky
Case 59 — ACTION FOR DAMAGES APPEAL FRCOI CHRISTIAN CIRCUIT COURT. 1. The demurrer to the petition should have been sustained because it fails to allege that appellee’s perilous position was discovered in time by the exercise of reasonable care to have avoided the injury, or that it was the duty of appellant to have discovered appellee’s peril Shearman & Redfield on Negligence, sec. 25; Little Rock &c. R. Co.v. Pankhurst, 5 Am. & Eng.
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Case 59 — ACTION FOR DAMAGES APPEAL FRCOI CHRISTIAN CIRCUIT COURT. 1. The demurrer to the petition should have been sustained because it fails to allege that appellee’s perilous position was discovered in time by the exercise of reasonable care to have avoided the injury, or that it was the duty of appellant to have discovered appellee’s peril Shearman & Redfield on Negligence, sec. 25; Little Rock &c. R. Co.v. Pankhurst, 5 Am. & Eng. R. Cases, 635; Whartonon Negligence, secs. 300 and 388 a; St. L., I., M. & S. Ry. Co. y. Freeman, 36 Ark., 41; s. c. 4 Am. & Eng. Ry. Cases, 608; Brand v. S. &…
1Opinion of the Court
JUDGE WHITE
delivered the opinion of the court.
The appellee, Robert B. Foard, brought this action in the Christian Circuit Court against appellant for damages for personal injuries suffered by appellee by being run over by an engine on appellant’s road. The petition alleges that appellee was in the employ of appellant as a brakeman on a freight train, and while so employed,, in the discharge of his duties as brakeman, it became necessary for him to throw a switch to permit his train to go upon a side track at Sebree, Ky.; that at the time of the accident the engineer of the engine was not on…
2Cases cited4 opinions
- McDonald v. Massachusetts General HospitalMassachusetts Supreme Judicial Court · 1876
- Union Pac. Ry. Co. v. ArtistCourt of Appeals for the Eighth Circuit · 1894
- Laubheim v. De Koninglyke Nederlandsche Stoomboot MaatschappyNew York Court of Appeals · 1887
- Quinn v. RailroadTennessee Supreme Court · 1895
3Cited by23 opinions
- Arkansas Midland Railroad v. PearsonSupreme Court of Arkansas · 1911
- Virginia Iron, Coal & Coke Co. v. Odle's Adm'rSupreme Court of Virginia · 1920
- Illinois Cent. Ry. Co. v. BuchananCourt of Appeals of Kentucky · 1907
- Illinois Central Railroad v. KellyCourt of Appeals of Kentucky · 1916
- Yellow Poplar Lumber Co. v. BartleyCourt of Appeals of Kentucky · 1915
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