Eichhorn v. Louisville & N. R. R.
Court of Appeals of Kentucky
Case 33 — Action to Recover Damages for Personal Injuries — APPEAL FROM NICHOLAS CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. The plaintiff, having enlisted in the army bound for Cuba, boarded appellee’s train of cars at New Orleans as a passenger. The train was full of soldiers and the weather hot; he, at the instance of appellee, took carriage on the platform, and, being tired, lay down and fell asleep.
Read the full summary
Case 33 — Action to Recover Damages for Personal Injuries — APPEAL FROM NICHOLAS CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. The plaintiff, having enlisted in the army bound for Cuba, boarded appellee’s train of cars at New Orleans as a passenger. The train was full of soldiers and the weather hot; he, at the instance of appellee, took carriage on the platform, and, being tired, lay down and fell asleep. While asleep, .the appellee negligently propelled other cars against the one he was on and his foot was caught between the bumpers and badly mashed, the hones of his foot and…
1Opinion of the Court
Opinion of the court by
JUDGE GUFFY —
Affirming.
This suit was brought in the Nicholas circuit court by the appellant, who was a resident of the State of Texas, to recover damages for injuries inflicted on him by the gross negligence of the defendant. His cause of action is fully set out in apt language. A summons was executed upon the defendant by delivering a- copy to W. H. Harris, defendant’s freight and passenger agent, at Car-lisle, Nicholas county. The defendant pleaded in abatement the following facts: That defendant is a corporation created under the laws of Kentucky, and has for *341many…
2Cases cited4 opinions
- Harper v. Newport News & Mississippi Valley Co.Court of Appeals of Kentucky · 1890
- Wood v. StateCourt of Appeals of Texas · 1889
- Chesapeake, Railroad v. CowherdCourt of Appeals of Kentucky · 1894
- Sherrill v. Chesapeake, Ohio & Southwestern Railway Co.Court of Appeals of Kentucky · 1889
3Cited by5 opinions
- Dodson v. WatsonTexas Supreme Court · 1920
- Gainesboro Telephone Co. v. BucknerCourt of Appeals of Kentucky · 1914
- Melton's Administrator v. Southern Railway Co.Court of Appeals of Kentucky (pre-1976) · 1930
- Pittsburg, C. C. & St. L. Ry. Co. v. ViersCourt of Appeals of Kentucky · 1902
- Texas & P. Ry. Co. v. Chatwin Bros.Supreme Court of Louisiana · 1914