Louisville & Nashville R. R. v. Brice
Court of Appeals of Kentucky
Case 43 — PETITION ORDINARY APPEAL FROM CHRISTIAN CIRCUIT COURT. 1. The court should have given a peremptory instruction to find for defendant. Where the facts are clear, and show that the defendant has or has not been guilty of negligence, the court should so instruct the jury. (Nehros v. R. R. Oo., 14 Eng. and Am.
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Case 43 — PETITION ORDINARY APPEAL FROM CHRISTIAN CIRCUIT COURT. 1. The court should have given a peremptory instruction to find for defendant. Where the facts are clear, and show that the defendant has or has not been guilty of negligence, the court should so instruct the jury. (Nehros v. R. R. Oo., 14 Eng. and Am. R. R. Cases.) 2. When a master employs dangerous or defective machinery, or tools, or - instrumentalities, and the servant has full knowledge of their dangerous character, and undertakes to perform the service required without complaint or promise of remedy, he thereby waives any…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
The appellant, the Louisville & Nashville Railroad Company, is asking the reversal of a judgment against it in favor of the widow of J. J. Brice for five thousand dollars for the killing of her husband by being run over, when engaged in coupling its cars, and in its employ as a brakeman, by one of its trains, through the alleged willful neglect of its agents.
*301The action is brought under section 3, chapter 57, of the General Statutes, which authorizes it only when the killing is willful, and which was doubtless enacted to give the same right of…
2Cases cited1 opinion
- Empire Coal & Mining Co. v. McIntoshCourt of Appeals of Kentucky · 1885
3Cited by2 opinions
- Gates v. School DistrictSupreme Court of Arkansas · 1893
- Minty v. Union Pacific Railway Co.Idaho Supreme Court · 1889