L. & N. R. R. v. Redmon's Admx.
Court of Appeals of Kentucky
CASE 43. — ACTION BY J. R. REDMON’S ADMINISTRATRIX AGAINST THE LOUISVILLE & NASHVILLE RY. CO. FOR DAMAGES FOR THE DEATH OF PLAINTIFF’S DECEDENT. — March. 20. Appeal from Nelson Circuit Court. Samuel E. JoNes, Circuit Judge. Judgment for plaintiff. Defendant appeals.
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CASE 43. — ACTION BY J. R. REDMON’S ADMINISTRATRIX AGAINST THE LOUISVILLE & NASHVILLE RY. CO. FOR DAMAGES FOR THE DEATH OF PLAINTIFF’S DECEDENT. — March. 20. Appeal from Nelson Circuit Court. Samuel E. JoNes, Circuit Judge. Judgment for plaintiff. Defendant appeals. POINTS AND AUTHORITIES 1. Appellee’s intestate was a trespasser in going on appellant’s track within its enclosure, where he was injured. 2. Simple acquiescence by a railroad company in the use of its tracks, even in a city, does not amount to a license, confers no authority or right so to use them, and one so using the tracks is…
1Opinion of the Court
OPINION op the Court by
Judge Settle
— Reversing.
Appellee, as administratrix of tlie estate of her deceased husband,. J. R. Redmon, by suit in the Nelson Circuit Court recovered of appellant a verdict and judgment for $2,500 damages for his death, resulting from injuries inflicted by' one of its passenger trains -which ran against him in the village of New Haven.
In the motion and grounds for .a new trial complaint was made by appellant that numerous errors were committed to its prejudice by the lower court during the progress of the trial, and these alleged errors are relied upon on this,…
2Cases cited6 opinions
- Brown's Admr. v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1895
- Dolfinger & Co. v. FishbackCourt of Appeals of Kentucky · 1876
- Davis' Admr. v. Chesapeake & O. Ry. Co.Court of Appeals of Kentucky · 1903
- Shackleford's Adm'r v. Lou. & Nash. R. R.Court of Appeals of Kentucky · 1886
- Louisville & Nashville Railroad v. DaltonCourt of Appeals of Kentucky · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Illinois Central Ry. Co. v. Murphy's Admr.Court of Appeals of Kentucky · 1906
- Chesapeake & Ohio Ry. Co. v. Nipp's Adm'xCourt of Appeals of Kentucky · 1907
- Willis' Administratrix v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1915
- Southern Railway Co. v. SandersCourt of Appeals of Kentucky · 1911
- Stull's Administratrix v. Kentucky Traction & Terminal Co.Court of Appeals of Kentucky · 1916
22 more not listed; retrieve them via the Exa API.