Nashville C. & St. L. Ry. Co. v. Russell
Court of Appeals of Kentucky
CASE 2. — ACTION BY T. E. RUSSELL, AGAINST THE NASHVILLE, CHATTANOOGA & ST. LOUIS RAILWAY CO., FOR KILLING STOCK. — May 12. Appeal from Marshall Circuit Court. W. M. Need, Circuit Judge.
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CASE 2. — ACTION BY T. E. RUSSELL, AGAINST THE NASHVILLE, CHATTANOOGA & ST. LOUIS RAILWAY CO., FOR KILLING STOCK. — May 12. Appeal from Marshall Circuit Court. W. M. Need, Circuit Judge. Judgment for plaintiff, defendant appeals' — POINTS AND AUTHORITIES. 1. It was error in the court to permit the appellee to challenge and dismiss from the jury two of the members thereof after the jury had been sworn, and to place two other men on the jury in their places. 2. A peremptory instruction should have been given. (L. H. & St. L. Ry. v. Beauchamp, 21 Ky. Law Rep., 1476; Kentucky Statutes, 1793.)…
1Opinion of the Court
Opinion op the Court by
Judge Carroll
— Affirnu mg'.
' The principal questions in this case are whether 01 hot the appellant company erected and maintained at a public road crossing on its line of railway at a point near Hardin in Marshall county, Ky., a sufficient cattle guard within the meaning of the statute to entitle it to a verdict under-direction of the court, and whether or not the trial court properly instructed the jury. The action was brought to recover damages for the value of stock killed by one of appellant’s trains, and upon a trial there was a verdict and judgment for appellee.
The…
2Cases cited5 opinions
- Smead v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1885
- St. Louis, Memphis & Southeastern Railway Co. v. BusickSupreme Court of Arkansas · 1905
- L., H. & St. L. Railway Co. v. BeauchampCourt of Appeals of Kentucky · 1900
- Pennsylvania Co. v. NewbyIndiana Supreme Court · 1905
- Chicago, Burlington & Quincy Railroad v. BryantAppellate Court of Illinois · 1888
3Cited by3 opinions
- Hines v. McMillanSupreme Court of Alabama · 1920
- Beauchamp v. SniderCourt of Appeals of Kentucky · 1916
- Miller v. Chicago, Milwaukee & St. Paul Railway Co.Missouri Court of Appeals · 1914