Louisville & Nashville Railroad v. Owen
Court of Appeals of Kentucky
Case 32 — PETITION ORDINARY APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. 1. The verdict should have been for appellant upon the facts, and the court erred in refusing a new trial on that ground. Under our peculiar practice, it may be erroneous to instruct peremptorily upon the plaintiff s evidence, and equally erroneous to refuse a new trial if the jury rests a verdict upon such evidence.
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Case 32 — PETITION ORDINARY APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. 1. The verdict should have been for appellant upon the facts, and the court erred in refusing a new trial on that ground. Under our peculiar practice, it may be erroneous to instruct peremptorily upon the plaintiff s evidence, and equally erroneous to refuse a new trial if the jury rests a verdict upon such evidence. (Buford v. L. & N. R. Co., 82 Ky., 287.) 2. The court erred in refusing an instruction as to contributoryjiegligenee. 3. The limitation in the contract as to the amount of recovery was reasonable, and should…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion of the court.
This case bas been here before and decided. (See 87 Ky., 626.)
The appellant contracted with the appellees to carry "by rail the appellees’ race horse from Shelby ville, Ky., to the fair grounds near Chicago, 111. The horse was to *203■be, while oil the appellant’s train, under the control of the appellees’ servants. Upon the arrival of the train at tlie place of .destination the appellees’ servants were ordered to take the horse off the train, but they objected because the platform was not safe for the purpose of taking off live stock; but they did…
2Cases cited2 opinions
- Louisville, Cincinnati & Lexington Railroad v. HedgerCourt of Appeals of Kentucky · 1873
- Owen v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1888
3Cited by3 opinions
- Ullman v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1901
- Adams Express Co. v. WalkerCourt of Appeals of Kentucky · 1904
- Baughman v. Louisville, RailroadCourt of Appeals of Kentucky · 1893