Eskridge's Ex'rs v. Cincinnati, New Orleans & Texas Pacific Railway Co
Court of Appeals of Kentucky
Case 55 — PETITION ORDINARY APPEAL FROM GRANT CIRCUIT COURT. 1. It was competent for plaintiff to prove that it was the custom of trains not to whistle as they approached the crossing where the injury occurred. (Field v. N. Y. C. B. Co., 22 N. Y., 339; Ky. C. B. Co. v. Barrow, 0 Ky.
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Case 55 — PETITION ORDINARY APPEAL FROM GRANT CIRCUIT COURT. 1. It was competent for plaintiff to prove that it was the custom of trains not to whistle as they approached the crossing where the injury occurred. (Field v. N. Y. C. B. Co., 22 N. Y., 339; Ky. C. B. Co. v. Barrow, 0 Ky. Law Bep., 243.) 2. It was competent for plaintiff to show by one of the witnesses that if a signal had been given he could have heard it. 3. The court erred in striking out that part of the amended petition which states particularly the facts constituting willful negligence. This statement of facts was necessary…
1Opinion of the CourtChief Justice Lewis
The life of W. iL Eskridge was destroyed in Grant county under the following circumstances : He was, in February, 1887, returning from Dryridge, on the east side, to his residence, about one and a half miles west of the railroad of appellee, driving a team of four horses, harnessed, but not hitched to a vehicle, he being astride the saddle-horse, and about the time the leaders had reached or were very near to the track, at what is called Conrad’s crossing of a county road, a train of cars passed rapidly southward, frightening them so much he lost control of the team, and fell or *370was thrown to…
2Cases cited3 opinions
- Sheldon v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1856
- Louisville, Cincinnati & Lexington Railroad v. Goetz's adm'xCourt of Appeals of Kentucky · 1881
- Claxton's Administrator v. Lexington & Big Sandy R. R.Court of Appeals of Kentucky · 1878
3Cited by12 opinions
- Kinyon v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1902
- Louisville & N. R. R. v. Pointer's Admr.Court of Appeals of Kentucky · 1902
- Nelson v. Black Diamond Mining Co.Court of Appeals of Kentucky · 1916
- Chicago, St. Louis & New Orleans Railroad v. Armstrong's AdministratorCourt of Appeals of Kentucky · 1916
- Park Circuit Realty Company v. CoulterCourt of Appeals of Kentucky (pre-1976) · 1930
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