Illinois Central R. R. v. Mizell
Court of Appeals of Kentucky
Case 37 — PETITION ORDINARY APPEAL FROM HICKMAN 'CIRCUIT COURT. 1. It is not pleaded that there was a violation of the statute in reference to blowing the whistle cr ringing the hell; and as a pleading must he construed most strongly against the pleader, it must be presumed that appellee did not intend to charge appellant with a violation of the statute. 2. A jury «an not willfully or from mere caprice, disregard the testimony of an unimpeached witness; while they may judge…
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Case 37 — PETITION ORDINARY APPEAL FROM HICKMAN 'CIRCUIT COURT. 1. It is not pleaded that there was a violation of the statute in reference to blowing the whistle cr ringing the hell; and as a pleading must he construed most strongly against the pleader, it must be presumed that appellee did not intend to charge appellant with a violation of the statute. 2. A jury «an not willfully or from mere caprice, disregard the testimony of an unimpeached witness; while they may judge of the credibility of a witness, they must exercise their judgment while doing so, and not their will, merely. (Chicago,…
1Opinion of the Court
JUDGE Du RELLE
delivered the opinion oe the court.
The appellee was riding on horseback along a public highway which crossed the railroad of appellant. At the intersection the railroad, and the highway as well, passed through cuts which prevented persons on the highway from seeing approaching trains until they were within a few feet of the rails.
According to her statement she was riding very slowly, and was listening for the signal by bell or whistle of the approach of a train. She heard no signal and did not see the train until she was on the track at the crossing, and the train, which was a…
2Cited by6 opinions
- Conway v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1909
- Payne v. SmithCourt of Appeals of Texas · 1924
- Peck v. Oregon Short Line RailroadUtah Supreme Court · 1902
- L. & N. R. R. v. RichmondCourt of Appeals of Kentucky · 1924
- Conway v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1909
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