Louisville & N. R. R. v. Brown
Court of Appeals of Kentucky
CASE 69. — PERSONAL INJURY ACTION BY HARRY BROWN AGAINST THE LOUISVILLE & NASHVILLE R. R. CO. Appeal from Hopkins Circuit Court. J. F. Gordon, Circuit Judge.
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CASE 69. — PERSONAL INJURY ACTION BY HARRY BROWN AGAINST THE LOUISVILLE & NASHVILLE R. R. CO. Appeal from Hopkins Circuit Court. J. F. Gordon, Circuit Judge. Judgment for plaintiff, defendant appeals POINTS AND AUTHORITIES DISCUSSED. 1. The petition alleges that appellee’s injuries were due to the gross negligence and carelessness of “the agents and servants of defendant in charge of said trains, and superior in authority to plaintiff,” therefore the court erred in permitting testimony to go to the jury as to the alleged negligence of the flagman of the work train, who was the co-equal and…
1Opinion of the Court
Opinion op the Court by
Judge Carroll
Reversing.
Appellee, who was a head hrakeman on one of appellant’s freight trains while riding in the engine, was seriously injured in a head-on collision between the engine in which he was riding and1 one of appellant’s work trains. The work train was on the main track on the time of the freight train, and although the engineer of the work train testified that he directed a hrakeman to flag the freight, and supposed he had done so, it developed that he had not, and the freight, running at a high rate of speed, had no notice that the work train was on the…
2Cases cited17 opinions
- Denver & R. G. R. v. RodderCourt of Appeals for the Ninth Circuit · 1900
- Louisville & Nashville R. R. v. LoweCourt of Appeals of Kentucky · 1904
- Alexander v. HumberCourt of Appeals of Kentucky · 1888
- Standard Oil Co. v. TierneyCourt of Appeals of Kentucky · 1891
- Louisville Southern Railroad v. MinogueCourt of Appeals of Kentucky · 1890
12 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- BMW of North America, Inc. v. GoreSupreme Court of the United States · 1996
- McCandless v. CommonwealthCourt of Appeals of Kentucky · 1916
- Bowling Green Gas Light Co. v. Dean's Extx.Court of Appeals of Kentucky · 1911
- Elmendorf v. CommonwealthCourt of Appeals of Kentucky · 1916
- Louisville Ry. Co. v. HibbittCourt of Appeals of Kentucky · 1910
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