Louisville & Nashville R. R. v. King's Admr.
Court of Appeals of Kentucky
CASE 38. — DEATH ACTION BY BARTLEY KING, ADMINISTRATOR OP W. T. KING, AGAINST THE LOUISVILLE & NASHVILLE RAILROAD CO. Appeal from Bullitt Circuit Court. Samuel E. Jones, Circuit Judge. Judgment for plaintiff, defendant appeals POINTS DISCUSSED. 1. Appellee’s theory of the case is that King’s death was due solely to the negligence of the person who threw the switch and thereby derailed the caboose on which King was riding.
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CASE 38. — DEATH ACTION BY BARTLEY KING, ADMINISTRATOR OP W. T. KING, AGAINST THE LOUISVILLE & NASHVILLE RAILROAD CO. Appeal from Bullitt Circuit Court. Samuel E. Jones, Circuit Judge. Judgment for plaintiff, defendant appeals POINTS DISCUSSED. 1. Appellee’s theory of the case is that King’s death was due solely to the negligence of the person who threw the switch and thereby derailed the caboose on which King was riding. Appellant’s theory is that King’s death was due to his own failure to see and heed the red board (danger signal) which was displayed against his train while it was at such…
1Opinion of the Court
*351Opinion op the Court by
Wm. Rogers Clay, Commissioner
Reversing.
Bartley King, as administrator of W. T. King, instituted this action against the Louisville &• Nashville Railroad Company to recover damages growing out of the death of the decedent. The jury awarded plaintiff damages in the sum of $8,000. From the judgment based thereon the railroad company prosecutes this appeal.
A reversal is asked upon three grounds: First, the failure to give a peremptory instruction in favor of defendant; second, misconduct of counsel; third, the refusal of the court to give an instruction offered by defendant.
2Cases cited1 opinion
- Louisville & N. R. R. v. HarrodCourt of Appeals of Kentucky · 1903
3Cited by41 opinions
- Louisville Gas & Electric Co. v. BeaucondCourt of Appeals of Kentucky · 1920
- New York Indemnity Company v. EwenCourt of Appeals of Kentucky (pre-1976) · 1927
- Fullenwider v. BrawnerCourt of Appeals of Kentucky (pre-1976) · 1928
- Johnson v. Westerfield's Admr.Court of Appeals of Kentucky · 1911
- Illinois Central Railroad v. Dallas' Admx.Court of Appeals of Kentucky · 1912
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