Legal Opinion

Southern Ry. v. Hawkins

Court of Appeals of Kentucky

Decided November 9, 1905PublishedCited by 14 opinions

Case 52 — ACTION' BY W. A. HAWKINS, BY NEXT FRIEND, AGAINST THE SOUTHERN RY. CO. IN KY. FOR DAMAGES FOR BEING WRONGFULLY EJECTED FROM ITS PASSENGER TRAIN. Appeal from Mercer Circuit Court . W. W. Stephenson, Special Judge. Judgment for plaintiff. Defendant appeals. POINTS AND AUTHORITIES. 1. The verdict is excessive. (M. & O. R. R. Co. v. Reeves, 25 Ky. Law Rep., 2239; Annie L. Sloane v. Southern California Ry.

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Case 52 — ACTION' BY W. A. HAWKINS, BY NEXT FRIEND, AGAINST THE SOUTHERN RY. CO. IN KY. FOR DAMAGES FOR BEING WRONGFULLY EJECTED FROM ITS PASSENGER TRAIN. Appeal from Mercer Circuit Court . W. W. Stephenson, Special Judge. Judgment for plaintiff. Defendant appeals. POINTS AND AUTHORITIES. 1. The verdict is excessive. (M. & O. R. R. Co. v. Reeves, 25 Ky. Law Rep., 2239; Annie L. Sloane v. Southern California Ry. Co., Ill Cal., 220, 44 Pac., 320, 32 L. R. A., 193; Howe v. Gibson, 3 Tex. Civ. Ap., 263, 22 S. W., 826; L. & N. R. R. Co. v. Blair, 104 Tenn., 112, 55 S. W., 154; Georgia R. R. and…

1Opinion of the Court

Opinion by

Judge Settle

Reversing.

*417The appellee, W. A. Hawkins, twenty years of age, by D. B. Hawkins, his next friend, sued the appellant railroad company for his alleged wrongful ejection by the conductor from one of its passenger trains upon which he was attempting to ride from Harrods-burg to McBrayer, a distance of about fifteen miles. The facts alleged in the petition as constituting his cause of action are that on Sunday evening, September 14, 1902, he purchased of appellant’s ticket agent at McBrayer, and paid for, a round-trip ticket which entitled him to ride as a passenger on…

2Cases cited3 opinions

  1. Lexington & Eastern Railway Co. v. LyonsCourt of Appeals of Kentucky · 1898
  2. McHenry Coal Co. v. SneddonCourt of Appeals of Kentucky · 1896
  3. Louisville & N. R. R. Co. v. SimpsonCourt of Appeals of Kentucky · 1901

3Cited by14 opinions

  1. Louisville & Nashville R. R. v. ScottCourt of Appeals of Kentucky · 1911
  2. Tarr v. Oregon Short Line R. R.Idaho Supreme Court · 1908
  3. Cincinnati, New Orleans & Texas Pacific R. R. v. CarsonCourt of Appeals of Kentucky · 1911
  4. Cincinnati, New Orleans & Texas Pacific Railway Co. v. CundiffCourt of Appeals of Kentucky · 1915
  5. Chesapeake & Ohio Railway Co. v. GatewoodCourt of Appeals of Kentucky · 1913

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