McCain v. Louisville & Nashville Railroad
Court of Appeals of Kentucky
*Case 108 — PETITION ORDINARY APPEAL FROM MARION CIRCUIT COURT. The former adjudication is not a bar to this action. (Thomas v. Bland, 12 Ky. Law Rep., 640; Pepper v. Donnelly, 10 Ky. Law Rep., 140; Birch &c. v. Funk, 2 Met., 544.) ( The judgment in the former action to recover for the same injuries is a bar to this action. (Davis v. McCorkle, 14 Bush, 754; Chrisman v. Hunter, 3 Dana, 83; Talbott v. Todd, 5 Dana, 190; Gillon v. Wilson, 3 Mon., 217.)
1Opinion of the Court
JUDGE HAZELRIGG
delivered ti-ie opinion of th'e court.
In December, 1890, the appellant and one. Greene were In a top buggy, and without listening or looking out for the *805train — both being engaged in conversation and driving along in a “careless sort of way” — drove close up to railroad crossing of the appellee, when they discovered that the train was right at them. The horse they were driving became unruly and ran across the track. When across and in apparent safety, the whistle was very sharply blowm, frightening the horse, so that he turned around. The buggy was thus upturned, and- McCain…
2Cited by6 opinions
- Hennessy v. Chicago, B. & Q. Ry. Co.Wyoming Supreme Court · 1916
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. McGuireCourt of Appeals of Kentucky · 1916
- Emerson v. Lewiston, Augusta & Waterville Street RailwaySupreme Judicial Court of Maine · 1917
- In re SheaDistrict Court, D. Massachusetts · 1903
- Rohrs, Deputy Banking Com'r v. McGlassonCourt of Appeals of Kentucky (pre-1976) · 1933
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