Illinois Central R. R. v. Laloge
Court of Appeals of Kentucky
Case 108 — Action to Recover Damages for Personal Injuries.— APPEAL FROM MUIILENBICRff CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. 1. The evidence relied upon is not to be pleaded.
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Case 108 — Action to Recover Damages for Personal Injuries.— APPEAL FROM MUIILENBICRff CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. 1. The evidence relied upon is not to be pleaded. Section 119. 1 Civil Code. 2. The demurrer ought to have been sustained, because the petition did not show, on its face, that appellee presented herself at a proper time, or under proper circumstances, to demand that she be accepted as a passenger, all of which were necessary before she could charge the carrier. The carrier had the right, and it was its duty to the public to adopt and enforce…
1Opinion of the Court
Opinion op the court by
JUDGE O’R/EAR
Reversing.
Appellee claims to have been assaulted and insulted by a number of drunken and disorderly persons — loafers—while she was waiting- for appellant’s station for a train on which she contemplated taking passage over appellant’s line of road from Central City to Paducah. She says that she arrived at Central City the morning of the 16th of February, 1900, her husband arriving later in the day; they did not stop at any hotel or other place, it seams, but loitered about appellant’s depot at Central City, and at other points in the town, during the day.…
2Cases cited2 opinions
- Phillips v. Southern Railway Co.Supreme Court of North Carolina · 1899
- Kinney v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1896
3Cited by13 opinions
- Louisville & Nashville R. R. v. Bays' Admr.Court of Appeals of Kentucky · 1911
- Fremont, Elkhorn & Missouri Valley Railroad v. HagbladNebraska Supreme Court · 1904
- Bales v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1918
- Gulf, M. N.R. Co. v. SparkmanMississippi Supreme Court · 1938
- South Covington & Cincinnati Street Railway Co. v. VaniceCourt of Appeals of Kentucky (pre-1976) · 1925
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