Tomas v. Cincinnati, N. O. & T. P. Ry.
Court of Appeals of Kentucky
CASE 19. — ACTION BY RACHEL THOMAS AGAINST THE CINCINNATI, NEW ORLEANS & TEXAS PACIFIC R. R. CO. AND OTHERS FOR DAMAGES FOR PERSONAL INJURIES Appeal from Pulaski Circuit Court.' M. L. Jarvis, Circuit Judge.
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CASE 19. — ACTION BY RACHEL THOMAS AGAINST THE CINCINNATI, NEW ORLEANS & TEXAS PACIFIC R. R. CO. AND OTHERS FOR DAMAGES FOR PERSONAL INJURIES Appeal from Pulaski Circuit Court.' M. L. Jarvis, Circuit Judge. Judgment for defendant, plaintiff appeals ' 1. The court in handing down his opinion sustaining thp motion of the defendants, for a peremptory instruction, stated that in his opinion the only duty that the defendant owed the plaintiff was to exercise ordinary care, and that in his opinion under the proof the defendants exercised ordinary care toward the plaintiff as required by law. We…
1Opinion of the Court
*161Opinion op the Court by
Judge Hobson
Affirming.
Appellant was walking beside appellee’s railroad track and on its right of way through the country. She was not on or using any crossing. A passing freight train, going at a high rate of speed, came around a curve in the track at that point, when a coal gate, a wooden structure of slats used in the tender of the locomotive to keep the coal back, and which had been laid on top of the coal temporarily by the fireman, toppled off and struck appellant, inflicting painful injuries, for which she has sued. Her presence on the track was unknown to…
2Cases cited1 opinion
- Conley's Adm'r v. Cincinnati, New Orleans & Texas Pacific Railway Co.Court of Appeals of Kentucky · 1889
3Cited by3 opinions
- Welch v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1915
- Smithwick v. Pacific Electric Railway Co.California Supreme Court · 1929
- Louisville & Nashville R. R. v. MurrayCourt of Appeals of Tennessee · 1927