Louisville & Nashville R. v. Ricketts
Court of Appeals of Kentucky
Case 10 — PETITION ORDINARY — APPEAL FROM MARION CIRCUIT COURT.' 1. The court erred in giving instruction XX, because it was not authorized by the pleadings and submitted for the consideration of the jury questions not made in the pleadings; also because it assumed as a fact that appellant’s passenger platform was not adequately lighted. The instruction in effect excused the plaintiff from the use of ordinary care and caution in alighting from trains.
Read the full summary
Case 10 — PETITION ORDINARY — APPEAL FROM MARION CIRCUIT COURT.' 1. The court erred in giving instruction XX, because it was not authorized by the pleadings and submitted for the consideration of the jury questions not made in the pleadings; also because it assumed as a fact that appellant’s passenger platform was not adequately lighted. The instruction in effect excused the plaintiff from the use of ordinary care and caution in alighting from trains. (1 Sher. & Bed. on Neg., sec. 87; Lofflin v. Buffalo S. "W. B. Co., 104 N. Y., cited in N. E. Beporter, vol. 12, page 599.) 2.Bailroad…
1Opinion of the Court
JUDGE LEWIS
DELIVEBED THE OPINION OE THE COUBT.
Appellee brought this action to recover of appellant damages for personal injury done under the following circumstances: Being a passenger on a railroad train that arrived from Louisville at Lebanon, the place of his destination, about 11 p. m., he, instead of getting from it upon the depot platform on the left, descended to the ground on the right side of the track, where *47there were no lights kept or other arrangement made for reception of passengers, and in going towards the street usually traveled to and from the depot, he stumbled over an…
2Cases cited1 opinion
- Louisville Nashville Railroad v. RickettsCourt of Appeals of Kentucky · 1892
3Cited by4 opinions
- Robinson v. Helena Light & Ry. Co.Montana Supreme Court · 1909
- Chicago, St. P., M. & O. Ry. Co. v. MyersCourt of Appeals for the Eighth Circuit · 1897
- Hayden v. Chicago, Memphis & Gulf RailroadCourt of Appeals of Kentucky · 1914
- Wallace v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1929