Louisville & Nashville Railroad v. Clark's Administrator
Court of Appeals of Kentucky
Case 70 — ACTION FOR INJURY CAUSING DEATH 1. The evidence failed to show appellant’s negligence in failing to give the proper signal as it appoached the crossing where the accident occurred. ■ 2. The proof showed contributory negligence on the part of the plaintiff’s decedent. Durbin v. Oregon R. R. & Nav. Co., 11 Am. St. Rep., 778; Cooley on Torts, pp. 679-80; Schofield v. Chicago M. & St. P. R. R. Co., 19 Am. & Eng. Ry. Cases, 353; 114 TJ.
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Case 70 — ACTION FOR INJURY CAUSING DEATH 1. The evidence failed to show appellant’s negligence in failing to give the proper signal as it appoached the crossing where the accident occurred. ■ 2. The proof showed contributory negligence on the part of the plaintiff’s decedent. Durbin v. Oregon R. R. & Nav. Co., 11 Am. St. Rep., 778; Cooley on Torts, pp. 679-80; Schofield v. Chicago M. & St. P. R. R. Co., 19 Am. & Eng. Ry. Cases, 353; 114 TJ. S., 615; Shearman & Redfield on Neg., secs. 90, 112; Ray on Neg. of Imposed Duties, p. 688; Wilcox v. Rome,.&e., R. R. Co., 100 Am. Dec., 440; Brooks…
1Opinion of the Court
JUDGE BURNAM
delivered the opinion of the coubt.
This is an appeal from a judgment in favor of appellee, as administrator of W. J. Clark, against appellant, for $10,000 in damages for the loss of intestate’s life.
The petition; in substance, alleges that decedent was killed by one of defendant’s south-bound freight trains at the point where a public road, known as the “Leitchfield Road,” in Hardin county, crosses defendant’s track. It is charged that this crossing is specially dangerous by reason of “an embankment and other obstructions” standing on defendant’s right of way, which prevented…
2Cases cited5 opinions
- Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
- Louisville, Cincinnati & Lexington R. R. v. Case's administratorCourt of Appeals of Kentucky · 1873
- Louisville, Cincinnati & Lexington Railroad v. Goetz's adm'xCourt of Appeals of Kentucky · 1881
- Louisville & Nashville R. R. v. Eakin's Adm'rCourt of Appeals of Kentucky · 1898
- Louisville & Nashville R. R. v. Kelly's AdministratrixCourt of Appeals of Kentucky · 1897
3Cited by15 opinions
- Haughton v. Aetna Life InsuranceIndiana Supreme Court · 1905
- Louisville & Nashville R. R. v. LoweCourt of Appeals of Kentucky · 1904
- Stuart's Admr. v. Nashville, Chattanooga & St. Louis Railway Co.Court of Appeals of Kentucky · 1912
- Chesapeake & Ohio Ry. Co. v. ConleyCourt of Appeals of Kentucky · 1910
- West Kentucky Coal Co. v. Shoulders' AdministratorCourt of Appeals of Kentucky (pre-1976) · 1930
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