Louisville & Nashville R. R. v. Beeler
Court of Appeals of Kentucky
CASE 39. — ACTION BY MARGARET M. BEELER AGAINST THE LOUISVILLE & NASHVILLE R. R. CO. — Appeal from Bullitt Circuit Court. Samuel E. Jones, Circuit Judge. Judgment for plaintiff, defendant appeals. — No brief for appellee in the record. •POINTS DISCUSSED AND AUTHORITIES CITED. 1. Appellee’s petition, as amended, did not state a cause of action. She did not allege facts to bring the case within either Sec. 782 or Sec. 790, Ky. Stats.
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CASE 39. — ACTION BY MARGARET M. BEELER AGAINST THE LOUISVILLE & NASHVILLE R. R. CO. — Appeal from Bullitt Circuit Court. Samuel E. Jones, Circuit Judge. Judgment for plaintiff, defendant appeals. — No brief for appellee in the record. •POINTS DISCUSSED AND AUTHORITIES CITED. 1. Appellee’s petition, as amended, did not state a cause of action. She did not allege facts to bring the case within either Sec. 782 or Sec. 790, Ky. Stats. The demurrer to the petition should have been sustained, and appellant’s motion for a peremptory instruction should have been granted, among other reasons, because…
1Opinion of the Court
*331Opinion op the Court by
Judge Hobson
Affirming.
Margaret M. Beeler owns a tract of land adjoining the right of way of the Louisville & Nashville Railroad Company in Bullitt county. She had on her tract an orchard of apple and other fruit trees. In the fall of the year 1904 her orchard was burned over, and a number of the trees were killed or seriously injured. She brought this suit against the railroad company, charging that the' fire was caused by its negligence. The defendant filed an answer, in which it denied the allegations of the petition and charged in the second paragraph that the fire…
2Cases cited9 opinions
- Dwight v. . E., C. N.R.R. Co.New York Court of Appeals · 1892
- Gilman v. BrownWisconsin Supreme Court · 1902
- Montgomery v. LockeCalifornia Supreme Court · 1887
- White v. Chicago, M. & St. P. R'y Co.South Dakota Supreme Court · 1890
- Bailey v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1893
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- Weitz v. GreenIdaho Supreme Court · 2010
- Ide v. Boston & Maine RailroadSupreme Court of Vermont · 1909
- Samson Construction Co. v. BrusowankinCourt of Appeals of Maryland · 1969
- Huber v. SerpicoNew Jersey Superior Court Appellate Division · 1962
- Stephenville, N. & S. T. Ry. Co. v. BakerCourt of Appeals of Texas · 1918
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