Louisville & Nashville Railroad v. Potts
Court of Appeals of Kentucky
Case 7 — PETITION ORDINARY APPEAL PROM BOYLE CIRCUIT COURT. 1. Under the facts in the case as developed in appellant’s testimony a knowledge on the part of defendant’s employes that Potts was in a dangerous position or grounds of expectation of danger to him was a necessary element to establish willful neglect, and the jury should have been so told.
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Case 7 — PETITION ORDINARY APPEAL PROM BOYLE CIRCUIT COURT. 1. Under the facts in the case as developed in appellant’s testimony a knowledge on the part of defendant’s employes that Potts was in a dangerous position or grounds of expectation of danger to him was a necessary element to establish willful neglect, and the jury should have been so told. (9 Busb, 88.) 2. The court in instructing the jury should not have specified a particular fact as constituting the duty or the want of it failure of duty on the part of defendant, but left the jury under proper instructions to determine whether…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion oe the court.
The appellee brought this action against the appellant to recover damages for killing, by willful neglect, his intestate — an employe of the appellant — and recovered .judgment for five thousand dollars. From that judgment the appellant has appealed.
There is no dispute as to the fact' of the killing.
The evidence shows that the duty of the' deceased was to enter in a book the numbers of the cars standing on the appellant’s side track at Junction City, a town of about four hundred inhabitants, and point them out to the engineer when he wished to…
2Cases cited2 opinions
- Conley's Adm'r v. Cincinnati, New Orleans & Texas Pacific Railway Co.Court of Appeals of Kentucky · 1889
- Shelby's Adm'r v. Cincinnati, New Orleans & Texas Pacific R. R.Court of Appeals of Kentucky · 1887
3Cited by22 opinions
- Louisville & Nashville R. R. v. McNary's AdmrCourt of Appeals of Kentucky · 1908
- Louisville & Nashville R. R. v. LoweCourt of Appeals of Kentucky · 1904
- Louisville & Nashville Railroad v. Johnson's AdministratrixCourt of Appeals of Kentucky · 1914
- Illinois Central Railroad v. Outland's AdministratrixCourt of Appeals of Kentucky · 1914
- Chesapeake & Ohio Railway Co. v. BoothCourt of Appeals of Kentucky · 1912
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