Louisville & Nashville Railroad v. Popp
Court of Appeals of Kentucky
Case 20 — PETITION ORDINARY — APPEAL PROM JEFFERSON COURT OF COMMON PLEAS. 1. The failure of a railroad company to inclose its depot and station grounds is not negligence, and the court should have so instructed the jury.
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Case 20 — PETITION ORDINARY — APPEAL PROM JEFFERSON COURT OF COMMON PLEAS. 1. The failure of a railroad company to inclose its depot and station grounds is not negligence, and the court should have so instructed the jury. (1 Borer on Bailroads, pp. 486 and 622; Davis v. Burlington, &c., B. Co., 26 Iowa, 549; Elint, &c., B. Co. v. Lull, 28 Mich., 513; I. & C. B. Co. v. Oestel, 20 Ind., 231.) 2. Appellant having used every-precaution in coupling its cars at its passenger station by moving the cars slowly, ringing the bell and having a man upon the rear platform of the backing train, it can not…
1Opinion of the Court
•JUDGE LEWIS
DELIVERED THE OPINION 01’ THE COURT.
Appellee, an infant between five and six years old, brought this action by his father and next friend to recover damages for injury to his leg, necessitating amputation above the knee, which was caught be*104tween a passenger car in motion and. what is called a bumper, placed at end of a railroad track in Louisville, owned by appellant.
The injury was done, according to a map filed, about five feet from Second street and one hundred and fifty-five from west end of the passenger depot-building, which is about two hundred feet long by twenty wide, and…
2Cases cited6 opinions
- Bransom's adm'r v. LabrotCourt of Appeals of Kentucky · 1884
- Conley's Adm'r v. Cincinnati, New Orleans & Texas Pacific Railway Co.Court of Appeals of Kentucky · 1889
- Kentucky Central R. R. v. Gastineau's Adm'rCourt of Appeals of Kentucky · 1885
- Shelby's Adm'r v. Cincinnati, New Orleans & Texas Pacific R. R.Court of Appeals of Kentucky · 1887
- McDermott v. Kentucky Central RailroadCourt of Appeals of Kentucky · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Ashworth v. Southern Railway Co.Supreme Court of Georgia · 1902
- Kirschner v. Louisville Gas & Electric Co.Kentucky Supreme Court · 1988
- Kelly v. PeopleIllinois Supreme Court · 1907
- Louisville & Nashville Railroad v. SteeleCourt of Appeals of Kentucky · 1918
- Swartwood's Gdn. v. L. & N. R. R.Court of Appeals of Kentucky · 1908
16 more not listed; retrieve them via the Exa API.