Legal Opinion

Louisville & Nashville R. R. v. Pedigo

Court of Appeals of Kentucky

Decided October 1, 1908PublishedCited by 7 opinions

CASE 75. — ACTION BY A. W. PEDIGO AGAINST THE LOUISVILLE & NASHVILLE RAILROAD COMPANY FOR DAMAGES IN SHIPMENT OF HORSES. — Oct. 1, 1908. Appeal from Barren Circuit court. Samuel E. Jones, Circuit Judge. . Judgment for plaintiff. Defendant appeals. — POINTS DISCUSSED AND AUTHORITIES CITED. 1. The trial court erred in refusing to grant defendant a continuance, on affidavit filed in that behalf, because of lack of time for preparation for trial.

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CASE 75. — ACTION BY A. W. PEDIGO AGAINST THE LOUISVILLE & NASHVILLE RAILROAD COMPANY FOR DAMAGES IN SHIPMENT OF HORSES. — Oct. 1, 1908. Appeal from Barren Circuit court. Samuel E. Jones, Circuit Judge. . Judgment for plaintiff. Defendant appeals. — POINTS DISCUSSED AND AUTHORITIES CITED. 1. The trial court erred in refusing to grant defendant a continuance, on affidavit filed in that behalf, because of lack of time for preparation for trial. (Abbott’s Trial Brief, 11, 21; Childs v. Heaton, 11 Iowa, 271; K. C. Ry Co. v. Carey, 5 Ky. Law Rep., 512; Langdon-Creasy Co. v. Rouse, 72 S. W., 1113;…

1Opinion of the Court

Opinion op the Court by

Judge Settle —

Affirming.

Appellee recovered of appellant in the court below a verdict and judgment for $365 damages for injuries inflicted upon several horses, of which he was the owner, while in one of appellant’s cars and being transported by it from Glasgow to Louisville for sale at that place. It was, in substance, alleged in the petition that the injuries received by the horses resulted from the negligence of appellant’s agents and servants in charge of the car and train of which it was a part, and that its agents and servants “so negligently and carelessly operated…

2Cases cited3 opinions

  1. Lou. & Nash. R. R. v. MitchellCourt of Appeals of Kentucky · 1888
  2. Stiles, Gaddie & Stiles v. Louisville & N. R. R.Court of Appeals of Kentucky · 1908
  3. Cincinnati, N. O. & T. P. Ry. Co. v. SandersCourt of Appeals of Kentucky · 1904

3Cited by7 opinions

  1. Gnau v. AckermanCourt of Appeals of Kentucky · 1915
  2. Southern Express Co. v. Fox & LoganCourt of Appeals of Kentucky · 1909
  3. Cincinnati, New Orleans & Texas Pacific Railway Co. v. SmithCourt of Appeals of Kentucky · 1913
  4. L. & N. R. R. v. CecilCourt of Appeals of Kentucky · 1911
  5. Baltimore & Ohio Southwestern Railroad v. CliftCourt of Appeals of Kentucky · 1911

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