Southern Ry. v. Goddard
Court of Appeals of Kentucky
Case 73. — ACTION BY R. E. GODDARD 'AGAINST THE SOUTHERN RY. IN KY FOR DAMAGES FOR PERSONAL. INJURIES. Appeal from Mercer Circuit Court. W. C. Bell, Circuit Judge. Judgment- for plaintiff. Defendant appeals. POINTS AND AUTHORITIES. 1. The court 'should have instructed the jury to find for the defendant.
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Case 73. — ACTION BY R. E. GODDARD 'AGAINST THE SOUTHERN RY. IN KY FOR DAMAGES FOR PERSONAL. INJURIES. Appeal from Mercer Circuit Court. W. C. Bell, Circuit Judge. Judgment- for plaintiff. Defendant appeals. POINTS AND AUTHORITIES. 1. The court 'should have instructed the jury to find for the defendant. (a.) The fact that the stock chute, stock pens and adjacent track had been in use for twenty years and no accident had happened demonstrates that there was no negligence in their construction. (Laflin v. B. & S. W. R. R. Co., 106 N. Y., 1S6; 12 N. E., 599; Dougan v. Champlain Transp. Co, 56 N.…
1Opinion of the Court
Opinion by
Judge Settle
Reversing.
Appellee, R. E. Goddard, a trader in saddle and harness horses, together with two other stockmen, James and MeGarvey, desiring to ship by rail, for exhibition at the State Fair in the city of Owensboro, a number of high grade horses, procured of appellant, Southern Railway Company in Kentucky, a palace stock car for that purpose. The car was left by appellant on a side track in its depot yard, at Harrods-. burg, and at its stock pen and chute provided for loading stock on its cars. Under the stock chute, and on appellant’s right of way, is a ditch, about eight…
2Cases cited3 opinions
- Bennett v. Railroad Co.Supreme Court of the United States · 1881
- Shelby's Adm'r v. Cincinnati, New Orleans & Texas Pacific R. R.Court of Appeals of Kentucky · 1887
- McHenry Coal Co. v. SneddonCourt of Appeals of Kentucky · 1896
3Cited by40 opinions
- Stacy v. WilliamsCourt of Appeals of Kentucky (pre-1976) · 1934
- Moore v. HartCourt of Appeals of Kentucky · 1916
- Johnson v. Mobile & Ohio RailroadCourt of Appeals of Kentucky · 1917
- Louisville & Nashville R. R. v. WilkinsCourt of Appeals of Kentucky · 1911
- Leonard v. Enterprise Realty Co.Court of Appeals of Kentucky · 1920
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