Cincinnati, R. Co. v. Sampson's Admr.
Court of Appeals of Kentucky
Case 13 — PETITION ORDINARY APPEAL FROM BOYLE CIRCUIT COURT. 1. In the absence of proof supporting the allegations of want of knowledge upon the part of Sampson, and knowledge upon the part of the railroad, the defendant was entitled, upon the close of plaintiff’s case, to a peremptory instruction.
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Case 13 — PETITION ORDINARY APPEAL FROM BOYLE CIRCUIT COURT. 1. In the absence of proof supporting the allegations of want of knowledge upon the part of Sampson, and knowledge upon the part of the railroad, the defendant was entitled, upon the close of plaintiff’s case, to a peremptory instruction. (Bogenschutz v. Smith, 84 Ky., 330; 2 Thompson on Negligence, p. 1008.) 2. Defendant was also entitled to a peremptory instruction upon the ground that the injury alleged in plaintiff’s petition as a ground of recovery arose from a risk assumed by plaintiff’s decedent in the line of his employment.…
1Opinion of the CourtChief Justice Pryor
The personal representative of Janies R. Sampson brings this action to recover for the loss of life of his intestate, alleging he was killed by coming in contact with an overhead bridge constructed by the appellant, the Cincinnati, New Orleans & Texas Pacific Railway Company, on its road, while he was in its employ as a brakeman, and in the discharge of *69a duty he owed the company by reason of that employment.
The basis of the recovery is the alleged wilful neglect of the appellant in the construction and maintenance of its bridge, in such a manner as rendered it more than ordinarily hazardous…
2Cases cited3 opinions
- Louisville, New Albany & Chicago Railway Co. v. WrightIndiana Supreme Court · 1888
- St. Louis, Fort Scott & Wichita Railroad v. IrwinSupreme Court of Kansas · 1887
- Chicago & Alton Railroad v. JohnsonIllinois Supreme Court · 1886
3Cited by9 opinions
- Cincinnati, N. O. & T. P. Ry. Co. v. JonesCourt of Appeals for the Sixth Circuit · 1912
- Baltimore & Ohio Railroad v. KeiserIndiana Court of Appeals · 1911
- Hughes' Administrator v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1898
- Louisville & Nashville Railroad v. LewisCourt of Appeals of Kentucky (pre-1976) · 1925
- Chesapeake & Ohio Railway Co. v. Vaughan's AdministratrixCourt of Appeals of Kentucky · 1914
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