Illinois Central Ry. Co. v. Jolly
Court of Appeals of Kentucky
Case 54 — Action by Elizabeth Jolly Against ti-ie Illinois Central Ry. Co. for Personal Injuries. APPEAL FROM OHIO CIRCUIT COURT — >T. F. RIRKHEAD, CIRCUIT JUDGE. Judgment for Plaintiff. Defendant Appeals. POINTS AND AUTHORITIES. 1. Proof to be available must be supported by the allegation. Kaufman, &c. v. Gas Co., 105 Ky., 131; Shields v. Heard, 21 R., 992; Chun, by, etc. v. Ky. & Ind.
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Case 54 — Action by Elizabeth Jolly Against ti-ie Illinois Central Ry. Co. for Personal Injuries. APPEAL FROM OHIO CIRCUIT COURT — >T. F. RIRKHEAD, CIRCUIT JUDGE. Judgment for Plaintiff. Defendant Appeals. POINTS AND AUTHORITIES. 1. Proof to be available must be supported by the allegation. Kaufman, &c. v. Gas Co., 105 Ky., 131; Shields v. Heard, 21 R., 992; Chun, by, etc. v. Ky. & Ind. Bridge Co.’s Receiver, 23 R., 1092; Thomas v. L. & N. R. R. Co., 18 R., 164; McCain v. L. & N. R. R. -Co., 13 R., 334; Kerney v. City of Covington, 1 Met., 339. 2. Variance between averment and proof may be…
1Opinion of the Court
*454Opinion op the court by
JUDGE NUHNT
Reversing.
This is the second appeal of this case. The opinion in the first appeal is published in 78 S. W., 476, 25 Ky. Law Rep., 1735. The case was then reversed for an erroneous instruction and for the failure to give an instruction for contributory neglect.. Another trial was had in the lower court, and' appellee obtained a verdict for $1,400, from which appellant appeals, and assigns many reasons for a reversal.
The facts with reference to the extent of) appellee’s injuries and the manner and circumstances under which she received same, are stated in the…
2Cases cited3 opinions
- Louisville & N. R. R. v. HullCourt of Appeals of Kentucky · 1902
- L., H. & St. L. R. R. v. MorganCourt of Appeals of Kentucky · 1901
- Illinois Central R. R. v. JollyCourt of Appeals of Kentucky · 1904
3Cited by7 opinions
- L. & N. R. R. v. PayneCourt of Appeals of Kentucky · 1910
- Moran's v. MoranCourt of Appeals of Kentucky (pre-1976) · 1933
- Norfolk v. EleySupreme Court of Virginia · 1929
- Carter Coal Co. v. HillCourt of Appeals of Kentucky · 1915
- Gulf, Mobile & Northern R. v. WeldyMississippi Supreme Court · 1943
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