Hurt v. Louisville & N. R. R.
Court of Appeals of Kentucky
Case 58 — Action by Calvin I. Hurt against the L. & N. R. R. Co. por Personal Injuries. APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS BRANCH, FIRST DIVISION. Judgment for Defendant and Plaintiff Appeals. This is the third trial of this case. On the first trial there was a hung jury. On the second' trial on precisely the same evidence that was heard on the last trial, the jury returned a verdict for the plaintiff for $10,000 damages, which was set aside by the court.
Read the full summary
Case 58 — Action by Calvin I. Hurt against the L. & N. R. R. Co. por Personal Injuries. APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS BRANCH, FIRST DIVISION. Judgment for Defendant and Plaintiff Appeals. This is the third trial of this case. On the first trial there was a hung jury. On the second' trial on precisely the same evidence that was heard on the last trial, the jury returned a verdict for the plaintiff for $10,000 damages, which was set aside by the court. On the third and last trial nine of the jurors returned a verdict for the defendant and of this verdict and the judgment -of…
1Opinion of the Court
Opinion of the coubt by
JUDGE O’REAR
Affibming.
Appellant was a member of a switching crew in appellee’s yard at Louisville. A fat car loaded with railroad rails was “kicked” or turned loose with a strong shove from the locomotive, down a track that crossed a public street. It was appellant’s duty to mount this car as it passed him, and to set the brake so as to stop it within a reasonable distance. In setting the brake, appellant fell or was thrown from the car, falling in front of it, and lost two of his limbs, and was otherwise hurt. This suit charged that the injury was because of the gross…
2Cases cited3 opinions
- Louisville Gas Co. v. Kaufman, Straus & Co.Court of Appeals of Kentucky · 1898
- Hughes v. Cincinnati, &c., RailroadCourt of Appeals of Kentucky · 1891
- Houf v. Brown & ShenkleMissouri Court of Appeals · 1902
3Cited by26 opinions
- Aetna Life Insurance v. MilwardCourt of Appeals of Kentucky · 1904
- Stuart's Admr. v. Nashville, Chattanooga & St. Louis Railway Co.Court of Appeals of Kentucky · 1912
- Dailey v. Lexington & Eastern Railway Co.Court of Appeals of Kentucky · 1918
- Poll v. PattersonCourt of Appeals of Kentucky · 1917
- Osborne's Administrator v. Cincinnati, New Orleans & Texas Pacific Railway Co.Court of Appeals of Kentucky · 1914
21 more not listed; retrieve them via the Exa API.