Louisville & Nashville Railroad v. Taylor
Court of Appeals of Kentucky
Case 11 — PETITION OBDINABY APPEAL FROM TODD CIRCUIT COURT. 1. When the plaintiff sets out specifically the kind of negligence and fixes it upon certain identified agents or servants of the defendant, he must prove his case as alleged. A party is bound by any material fact pleaded, though he need not have stated it. (Phoenix Ins.
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Case 11 — PETITION OBDINABY APPEAL FROM TODD CIRCUIT COURT. 1. When the plaintiff sets out specifically the kind of negligence and fixes it upon certain identified agents or servants of the defendant, he must prove his case as alleged. A party is bound by any material fact pleaded, though he need not have stated it. (Phoenix Ins. Co. v. Lawrence, 4 Met., 18; Steadman v. Guthrie, 4 Met., 152; Bullitt v. Ralston, 1 A. K. Mar., 331.) The negligence charged in the petition in this case was carelessness and want of care in the agents and employes running the engine and train, and plaintiff can not…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion of the court.
The appellee’s meadow, orchard, fences, etc., were fired and consumed or injured by the sparks flying from the chimney belonging to appellant’s railroad engine, for which the appellee recovered judgment for two thousand dollars in damages. Said fire was caused, it is contended, by the negligence of the appellant in not having upon said chimney a proper spark arrester, or in not haying the same properly adjusted.
*57These two propositions were submitted to the jury, and they found, as to one or both of them, that the appellant was negligent; and if…
2Cases cited1 opinion
- Kentucky Central Railroad v. BarrowCourt of Appeals of Kentucky · 1883
3Cited by11 opinions
- Anderson v. Oregon RailroadOregon Supreme Court · 1904
- Henry Clay Fire Insurance v. BarkleyCourt of Appeals of Kentucky · 1914
- Louisville & Nashville Railroad v. GuttmanCourt of Appeals of Kentucky · 1912
- Louisville & Nashville Railroad v. HaggardCourt of Appeals of Kentucky · 1914
- Mills v. Louisville & N. R. R.Court of Appeals of Kentucky · 1903
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