L. & N. R. R. v. Howard's Adm'r
Court of Appeals of Kentucky
Case 34 — RAILROADS—NEGLIGENOE APPEAL PROM MARION CIRCUIT COURT. 1. The probf shows without controversy that Howard was on appellant’s track at eleven o’clock at night, and at a point where no county road passes, and where appellant’s have the exclusive right to their track..
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Case 34 — RAILROADS—NEGLIGENOE APPEAL PROM MARION CIRCUIT COURT. 1. The probf shows without controversy that Howard was on appellant’s track at eleven o’clock at night, and at a point where no county road passes, and where appellant’s have the exclusive right to their track.. Ho was a trespasser, and appellant’s can not be held in damages, Unless it be shown that the managers of the train knew he was upon it, and knowing it, took no means to prevent his death. 2. If an engineer is bound to suppose that the track will be obstructed, away from streets and public crossings, it necessarily…
1Opinion of the Court
JUDGE PRYOR
delivered tiie opinion oe the court.
In July, 1881, a young man by the name of John Howard was run over and killed by the cars of the' appellant, at a point near the town of Chicago, in the county of Marion. The appellee, Thomas Roberts, qualified as the administrator of his estate, and instituted the present action under the statute against the - railroad company, alleging that the death of his intestate was caused by the negligence of its employes in running the train. There are two counts in the petition ; the one for ordinary negligence, and the other for willful neglect. At the…
2Cases cited1 opinion
- Shay v. Richmond & Lancaster Turnpike Road Co.Court of Appeals of Kentucky · 1866
3Cited by19 opinions
- Brown's Admr. v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1895
- Louisville & Nashville R. R. v. McNary's AdmrCourt of Appeals of Kentucky · 1908
- Louisville & Nashville Railroad v. Johnson's AdministratrixCourt of Appeals of Kentucky · 1914
- Chesapeake & Ohio Railway Co. v. Warnock's Admr.Court of Appeals of Kentucky · 1912
- Majestic Theater Company v. LutzCourt of Appeals of Kentucky (pre-1976) · 1925
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