Legal Opinion

Lexington Ry. Co. v. Britton

Court of Appeals of Kentucky

Decided November 25, 1908PublishedCited by 43 opinions

CASE 81. — PERSONAL INJURY ACTION BY CAROLINE BRIT-TON AGAINST THE LEXINGTON RAILWAY COMPANY. — Appeal from Fayette Circuit Court. Watts Parker, Circuit Judge. Judgment for plaintiff. Defendant appeals. — POINTS AND AUTHORITIES. 1. The construction given by the lower court as to measure of general damages is- erroneous. , (Lexington Railway C'o. v. Woodward 106, section 853; Lexington Railway Co. v. Herring, 29 Ky. Law Rep., 794; Lexington Railway Co. v. Herring, 30 Ky.

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CASE 81. — PERSONAL INJURY ACTION BY CAROLINE BRIT-TON AGAINST THE LEXINGTON RAILWAY COMPANY. — Appeal from Fayette Circuit Court. Watts Parker, Circuit Judge. Judgment for plaintiff. Defendant appeals. — POINTS AND AUTHORITIES. 1. The construction given by the lower court as to measure of general damages is- erroneous. , (Lexington Railway C'o. v. Woodward 106, section 853; Lexington Railway Co. v. Herring, 29 Ky. Law Rep., 794; Lexington Railway Co. v. Herring, 30 Ky. Law Rep., 269; Parker v. Jenkins, 3 Bush, 587; L. C. & L. Ry. Co. v. Cases- Adm.; 72 Ky., 736; L. & N. Ry. Co. v. Logsdon,…

1Opinion of the Court

Opinion of the Court by

Wm. Rogers Clay, Commissioner —

Reversing.

The- plaintiff, Caroline Britton, instituted this action against the defendant, Lexington Railway Company, to recover damages for injuries alleged to have resulted from the negligence of the defendant. The jury returned a verdict in her favor for $720, and the defendánt appeals.

As grounds for reversal, the following errors are assigned: First, the refusal of the court to give a *678peremptory instruction in favor of the defendant; second, the giving and refusing of instructions; third, overruling defendant’s demurrer to the petition;…

2Cases cited2 opinions

  1. Gaines & Co. v. JohnsonCourt of Appeals of Kentucky · 1907
  2. Louisville & Nashville R. R. Co. v. HaleCourt of Appeals of Kentucky · 1898

3Cited by43 opinions

  1. Louisville & Nashville Railroad v. HortonCourt of Appeals of Kentucky · 1920
  2. Weil v. HaganCourt of Appeals of Kentucky · 1914
  3. Lee v. StamperCourt of Appeals of Kentucky (pre-1976) · 1957
  4. Strong v. Louisville Nashville Railroad Co.Court of Appeals of Kentucky (pre-1976) · 1931
  5. Gretton v. DuncanCourt of Appeals of Kentucky (pre-1976) · 1931

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