Rupard v. Chesapeake & Ohio Railroad Co.
Court of Appeals of Kentucky
Case 46 — PETITION ORDINARY — APPEAL FROM CLARK CIRCUIT COURT. It is the duty of those in charge of a running engine to give warning signal in approaching the crossing of a public highway, and failure to do so renders the company liable for resulting injury.
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Case 46 — PETITION ORDINARY — APPEAL FROM CLARK CIRCUIT COURT. It is the duty of those in charge of a running engine to give warning signal in approaching the crossing of a public highway, and failure to do so renders the company liable for resulting injury. (P. & M. R. Co. v. Hoehl.12 Bush, 41; Hudson, &c., v. L. & N. R. Co., 14 Bush, 303.) 1. The duty of those in charge of a train approaching the crossing of a public highway to give signal depends upon the surrounding circumstances. (Eavor v. B. & L. R, R. Co., 114 Mass., 350.) 2. The failure by one approaching such crossing to exercise…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion op the court.
The appellant, Patsy E. Rupard,' wife of the appellant, Isaac T. Rnpard, while riding on horseback on the public road, at a point where the appellee’s road crosses said road on a trestle high’ enough from the ground to admit passage thereunder on the public road by persons on horseback or in vehicles, was thrown from her horse by his becoming frightened by the noise of the train as it passed over the trestle above him. The appellant was seriously injured by the fall. It is contended that the injury would not have occurred but for the negligence…
2Cases cited2 opinions
- Favor v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1874
- Jager v. AdamsMassachusetts Supreme Judicial Court · 1877
3Cited by11 opinions
- Conway v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1909
- Everett v. Great Northern Railway Co.Supreme Court of Minnesota · 1907
- Miller ex rel. Carpenter v. EngleMissouri Court of Appeals · 1915
- Cowen v. WatsonCourt of Appeals of Maryland · 1900
- Johnson v. Southern Pacific R.R. Co.California Supreme Court · 1905
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