Legal Opinion

Byrge's Adm'x v. Louisville N. R. Co.

Court of Appeals of Kentucky (pre-1976)

Decided May 18, 1943PublishedCited by 4 opinions

1Opinion of the Court

Opinion of the Court by

Judge Cammack

Affirming.

On tbe first trial of tbis cause (Louisville & N. R. Co. v. Byrge’s Adm’x, 273 Ky. 570, 117 S. W. (2d) 585),, the evidence showed that Byrge was run over by one of the Company’s trains while lying on his hack on the railroad track several hundred feet north of the depot at Hazard, shortly after daybreak on the morning of June 17,1934. The only eyewitness was the engineer in charge of the train. This witness testified he did not discover Byrge’s peril in time to avoid injuring him. The judgment against the Company was reversed, therefore, because…

2Cases cited6 opinions

  1. Stuart's Admr. v. Nashville, Chattanooga & St. Louis Railway Co.Court of Appeals of Kentucky · 1912
  2. Chesapeake & Ohio Railway Co. v. Preston's AdministratrixCourt of Appeals of Kentucky (pre-1976) · 1929
  3. Louisville & Nashville Railroad v. Napier's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1929
  4. Sim's Admr v. Chesapeake & Ohio RailroadCourt of Appeals of Kentucky · 1910
  5. Barker v. Louisville N. R. Co.Court of Appeals of Kentucky (pre-1976) · 1942

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Chesapeake & O. Ry. Co. v. Williams' Adm'xCourt of Appeals of Kentucky (pre-1976) · 1945
  2. Chesapeake & O. Ry. Co. v. Litteral's Adm'rCourt of Appeals of Kentucky (pre-1976) · 1945
  3. Hackworth v. Chesapeake & O. Ry. Co.District Court, E.D. Kentucky · 1946
  4. Rowe's Adm'r v. Chesapeake & Ohio Railway Co.Court of Appeals of Kentucky · 1954

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