Louisville City Railway v. Weams
Court of Appeals of Kentucky
Case 79 — ORDINARY APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. 1. The first instruction given for the plaintiff is error. It makes no provision for contributory negligence of appellee, and makes no exception by which the appellants might have been relieved from liability. It does not provide for a careless delay of appellee in getting off the oar.
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Case 79 — ORDINARY APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. 1. The first instruction given for the plaintiff is error. It makes no provision for contributory negligence of appellee, and makes no exception by which the appellants might have been relieved from liability. It does not provide for a careless delay of appellee in getting off the oar. It makes appellants absolutely liable for the accident, with or without their fault. ' 2. The court erred in refusing to put interrogatories one, two, three, and four to the jury. (5 Duer., 193; 2 Frost & F., 730; Sherman & Red-field, sees. 265,…
1Opinion of the Court
‘CHIEE JUSTICE HABGIS
delivered tiie opinion op the court.
The appellee, an old lady of about seventy-five years, while attempting to alight from a street-car propelled by .horse-power, was thrown down and injured.
She brought this action to recover damages for the injures she sustained, alleging in effect that-the driver of the ■ car was guilty of negligence in starting it before she had a reasonable opportunity of alighting, which resulted in her being thrown down and greatly bruised.
The neglect was denied by the appellant, and her con- ■ tributing fault was relied on in avoidance.
A trial was…
2Cited by5 opinions
- Missouri Pacific Railroad v. JohnsonTexas Supreme Court · 1888
- Morgan v. Chesapeake & Ohio Ry. Co.Court of Appeals of Kentucky · 1907
- Louisville & Nashville Railroad v. Kemp's AdministratorCourt of Appeals of Kentucky · 1912
- Davis v. Paducah Railway & Light Co.Court of Appeals of Kentucky · 1902
- Louisville Railway Co. v. ParkCourt of Appeals of Kentucky · 1895