Louisville & Nashville Railroad v. Dalton
Court of Appeals of Kentucky
Case 46 — -PETITION ORDINARY APPEAL FROM CHRISTIAN CIRCUIT COURT. 1. The screen and spark-arrester are not required to be such as will absolutely under all circumstances prevent the escaping of sparks. Kentucky Statutes, sec. 782; K. C. R. R. Co. v. Barrow, 6 Ky. Law Rep., 242; K. C. R. R. Co. v. Threlkeld, 10 Ky Law Rep., 323; L. & N. R. R. Co. v. Taylor, 13 Ky. Law Rep., 374; N. N. & M. Y. R. R. Co. v. Terry, 16 Ky. Law Rep., 316; L. &. N. R. R. Co. v. Mitchell, 17 Ky.
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Case 46 — -PETITION ORDINARY APPEAL FROM CHRISTIAN CIRCUIT COURT. 1. The screen and spark-arrester are not required to be such as will absolutely under all circumstances prevent the escaping of sparks. Kentucky Statutes, sec. 782; K. C. R. R. Co. v. Barrow, 6 Ky. Law Rep., 242; K. C. R. R. Co. v. Threlkeld, 10 Ky Law Rep., 323; L. & N. R. R. Co. v. Taylor, 13 Ky. Law Rep., 374; N. N. & M. Y. R. R. Co. v. Terry, 16 Ky. Law Rep., 316; L. &. N. R. R. Co. v. Mitchell, 17 Ky. Law Rep., 977. '■2. The speed of a train is never an element of negligence except when it affects the safety of persons or…
1Opinion of the Court
JUDGE HAZELRIGG
Delivered the opinion of the court.
The chief instruction to the jury presents the nature of the case before us on this appeal. It in substance told them that if the plaintiff’s building and its contents were set on fire by sparks from the company’s engine, and that the engine at the time was not provided with the best and most approved screen or spark arrester known to science and in practical,use, the same being in good order and properly adjusted, they were to find for the plaintiff; and they were to so find even if such screen and spark arrester were attached to the engine…
2Cases cited4 opinions
- Kentucky Central Railroad v. BarrowCourt of Appeals of Kentucky · 1883
- Martin v. Western Union RailroadWisconsin Supreme Court · 1868
- Louisville & Nashville Railroad v. TaylorCourt of Appeals of Kentucky · 1891
- Brusberg v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1880
3Cited by9 opinions
- Holwerson v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1900
- L. & N. R. R. v. Redmon's Admx.Court of Appeals of Kentucky · 1906
- Chesapeake & O. Ry. Co v. GunterCourt of Appeals of Kentucky · 1900
- Ford's Adm'r v. Paducah City RailwayCourt of Appeals of Kentucky · 1907
- Louisville & Nashville Railroad v. HaggardCourt of Appeals of Kentucky · 1914
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