Chesapeake & Nashville Ry. v. Speakman
Court of Appeals of Kentucky
Case 70 — Action by Charles Speakman against the Chesapeake & Nashville Railway for Personal Injuries. — Jan. 29. APPEAL FROM ALLEN CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. POINTS AND AUTHORITIES. 1. An acknowledgment of a tort, accompanied by a promise to make amends therefor, does not suspend the operation of the statute of limitations, and is not such an obstruction of the .prosecution of an action as contemplated by section 2532, Kentucky Statutes.
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Case 70 — Action by Charles Speakman against the Chesapeake & Nashville Railway for Personal Injuries. — Jan. 29. APPEAL FROM ALLEN CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. POINTS AND AUTHORITIES. 1. An acknowledgment of a tort, accompanied by a promise to make amends therefor, does not suspend the operation of the statute of limitations, and is not such an obstruction of the .prosecution of an action as contemplated by section 2532, Kentucky Statutes. Goodwyn v. Goodwyn, 16 Ga., 117; Buswell on Limitations, sec. 37, p. 53; Angelí on Limitations (6th ed.), sec. 209, p.…
1Opinion of the Court
Opinion of the court by
JUDGE HOBSON
— Affirming.
Appellee, Charles Speakman, was a brakeman in the service of appellant, and while thus engaged was injured on July 22, 1899, by reason of a trestle giving away, precipitating the train some thirty feet to the ground below. The giving away of the trestle was due to the fact that the timbers had become rotten. While there is some conflict in the evidence as to the extent of his injuries, the verdict of the jury for $1,500 is not excessive, or palpably against the evidence. The instructions fairly submitted the questions of fact to the jury, and…
2Cases cited4 opinions
- Renackowsky v. Board of Water CommissionersMichigan Supreme Court · 1900
- Armstrong v. LevanSupreme Court of Pennsylvania · 1885
- Newton v. CarsonCourt of Appeals of Kentucky · 1882
- Reid v. HamiltonCourt of Appeals of Kentucky · 1892
3Cited by21 opinions
- Drake v. B.F. Goodrich Co.Court of Appeals for the Sixth Circuit · 1986
- Bement v. Grand Rapids & Indiana Railway Co.Michigan Supreme Court · 1916
- Adams v. IsonCourt of Appeals of Kentucky (pre-1976) · 1952
- Scarborough v. Atlantic Coast Line R. Co.Court of Appeals for the Fourth Circuit · 1951
- Louisville & Nashville Railroad v. CarterCourt of Appeals of Kentucky (pre-1976) · 1927
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