Louisville & Nashville Railroad v. Ellis' Admr.
Court of Appeals of Kentucky
Case 54 — PETITION ORDINARY APPEAL FROM SHELBY CIRCUIT COURT. 1. The statement of the conductor made more than an hour after Ellis was put off the train was not a part of the res gestae, and was, therefore, incompetent. (McLeod, Receiver, &c., • v. Ginther’s Adm’r. 80 Ky., 399.) ' 2. Ellis hy refusing to pay his fare or produce a ticket forfeited his right to ride upon the company’s train, and he had no right to demand that he he put off at a station.
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Case 54 — PETITION ORDINARY APPEAL FROM SHELBY CIRCUIT COURT. 1. The statement of the conductor made more than an hour after Ellis was put off the train was not a part of the res gestae, and was, therefore, incompetent. (McLeod, Receiver, &c., • v. Ginther’s Adm’r. 80 Ky., 399.) ' 2. Ellis hy refusing to pay his fare or produce a ticket forfeited his right to ride upon the company’s train, and he had no right to demand that he he put off at a station. Therefore, there was no liability upon the part of the railroad company, unless there was negligence upon the part of the servants in charge of…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion of tiie court.
The administatrix of Stephen N. Ellis, deceased, brought this action ■ against the Louisville & Nashville Railroad Company to recover damages, alleging that the decedent was a passenger on a train of the appellant on his way from Lexington, Kentucky, to Croppers; that, the officers and agents of the appellant in charge of the train unlawfully, wrongfully, wilfully, and negligently ejected the decedent from the train while he was physically and mentally incapable of taking care of himself, and placed him in an exposed and dangerous position,…
2Cases cited5 opinions
- McLeod v. Ginther's adm'rCourt of Appeals of Kentucky · 1882
- Louisville, Cincinnati & Lexington Railroad v. SullivanCourt of Appeals of Kentucky · 1884
- Conolly v. Crescent City RailroadSupreme Court of Louisiana · 1889
- Haley v. Chicago & North Western Railway Co.Supreme Court of Iowa · 1866
- Lou. & Nash. R. R. v. LoganCourt of Appeals of Kentucky · 1889
3Cited by20 opinions
- Hudson v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1904
- Fagan v. . Atlantic Coast Line R.R. Co.New York Court of Appeals · 1917
- Fagg's Admr. v. Louisville & N. R. R. Co.Court of Appeals of Kentucky · 1901
- Illinois Central Railroad v. Outland's AdministratrixCourt of Appeals of Kentucky · 1914
- Louisville Ry. Co. v. Johnson's Admr.Court of Appeals of Kentucky · 1909
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