Alexander v. Lou. & Nash. R. R.
Court of Appeals of Kentucky
Case 82 — PETITION OEDINAEY — APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. 1. If m an action by an employee of a railroad company to recover for injuries sustained in the course of his employment, the company admits negligence, but relies upon the negligence of plaintiff as a defense, there can be no judgment rendered for the defendant unless the jury find the plaintiff guilty of the contributory negligence alleged.
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Case 82 — PETITION OEDINAEY — APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. 1. If m an action by an employee of a railroad company to recover for injuries sustained in the course of his employment, the company admits negligence, but relies upon the negligence of plaintiff as a defense, there can be no judgment rendered for the defendant unless the jury find the plaintiff guilty of the contributory negligence alleged. If such alleged contributory negligence consisted in a disobedience of the company’s rules, a printed copy of the rules can not be admitted in evidence when it is proved that the…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OP THE COURT.
The injury for which, appellant seeks to recover in this action was received by him while engaged in the service-of appellee as conductor of a mixed train of cars, running on a narrow-gauge railroad, extending from the city of Louisville,. about twelve miles in length.
At the time of the injury he was endeavoring to-detach from the train and put upon a spur switch, about three miles from that city, called Callahan’s switch, four empty flat-cars, which, by reason of the-main track being up grade at that place,, had to-*592be done either by the use of a…
2Cases cited1 opinion
- Sullivan's adm'r v. Louisville Bridge Co.Court of Appeals of Kentucky · 1872
3Cited by11 opinions
- Alcorn v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- Chesapeake & Ohio Ry. Co. v. WileyCourt of Appeals of Kentucky · 1909
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. Lovell's Admr.Court of Appeals of Kentucky · 1910
- Chicago & Western Indiana Railroad v. FlynnIllinois Supreme Court · 1895
- Wright v. Southern Pacific Co.Utah Supreme Court · 1896
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