Swartwood's Gdn. v. L. & N. R. R.
Court of Appeals of Kentucky
CASE 26. — PERSONAL INJURY ACTION BY WILLIS SWARTWOOD’S GUARDIAN AND OTHERS AGAINST THE LOUISVILLE & NASHVILLE R. R. CO. AND OTHERS. Appeal from Kenton Circuit Court. W. MoD. Siiaw, Circuit Judge. From’ a dismissal on demurrer plaintiffs appeal— It is shown by the petition: First, that the defendant company maintained an unfenced strip of land, and deposited a pile of sand thereon. Second, that tracks lay upon Washington street immediately adjacent to the sand pile.
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CASE 26. — PERSONAL INJURY ACTION BY WILLIS SWARTWOOD’S GUARDIAN AND OTHERS AGAINST THE LOUISVILLE & NASHVILLE R. R. CO. AND OTHERS. Appeal from Kenton Circuit Court. W. MoD. Siiaw, Circuit Judge. From’ a dismissal on demurrer plaintiffs appeal— It is shown by the petition: First, that the defendant company maintained an unfenced strip of land, and deposited a pile of sand thereon. Second, that tracks lay upon Washington street immediately adjacent to the sand pile. Third, that appellees maintained and operated a tower-house on the lot overlooking where the boys were at play, with a watchman…
1Opinion of the Court
*250Opinion op the Court by
Chief Justice O’Rear—
Affirming.
The question for decision in this case is whether railroad companies whose lines traverse cities and towns, or other populous communities, must maintain a lookout for children who are in the habit of jumping on and off the cars while in motion, although the railroad people did not know the particular child who might be injured by such practice was in fact upon its cars, and to provide against such injuries.
The petition in this case, which was held had on demurrer, alleged that the infant plaintiff, aged eight years, was attracted to…
2Cases cited2 opinions
- Bransom's adm'r v. LabrotCourt of Appeals of Kentucky · 1884
- Louisville & Nashville Railroad v. PoppCourt of Appeals of Kentucky · 1894
3Cited by17 opinions
- Louisville & Nashville Railroad v. RayTennessee Supreme Court · 1910
- Holland v. Baltimore & Ohio RailroadDistrict of Columbia Court of Appeals · 1981
- Stark v. HoltzclawSupreme Court of Florida · 1925
- Louisville & Nashville Railroad v. SteeleCourt of Appeals of Kentucky · 1918
- Trent v. Norfolk & Western Railway Co.Court of Appeals of Kentucky · 1915
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