Louisville & Nashville R. R. v. Miles
Court of Appeals of Kentucky
Case 14 — PETITION ORDINARY APPEAL FROM MARION CIRCUIT COURT. 1, A party taking a train should inform himself beforehand whether the train he is about to take stops at the station called for in his ticket. 2 Wood on Railway’s, p. 1415; Ballard v. Railroad, 15 Ky. Law Rep., 703; Logan v. Hannibal R., 12 A. & E. It.. R. cases, 141; O. & M. R. Co. v. Swartliout, 67 Ind., 567, and 33 Amer.
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Case 14 — PETITION ORDINARY APPEAL FROM MARION CIRCUIT COURT. 1, A party taking a train should inform himself beforehand whether the train he is about to take stops at the station called for in his ticket. 2 Wood on Railway’s, p. 1415; Ballard v. Railroad, 15 Ky. Law Rep., 703; Logan v. Hannibal R., 12 A. & E. It.. R. cases, 141; O. & M. R. Co. v. Swartliout, 67 Ind., 567, and 33 Amer. Rep., 106; Railroad v. Hatton, 60 Ind., 12. 1. The instructions given in this case have been often approved by this court. Railroad v. Wilkinson, 15 Ky. L. R., 92; Railroad v. Ballard, 88 Ky., 159.
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion oe the court:
The plaintiff seeks to recover damages because, as he avers, that on the 27th day of July, 1893, he purchased of defendant’s agent at Chicago, Ky., a round-trip ticket to Lebanon, Ky.; that on that day he went to Lebanon on the defendant’s regular passenger train; that defendant agreed to carry him back on the night of that day on its freight train; that the freight train was nine hours behind; that after it arrived plaintiff was informed that a passenger coach would be attached and the train backed to the station; that without doing so the…
2Cited by5 opinions
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- Louisville & Nashville Railroad v. HawkinsCourt of Appeals of Kentucky (pre-1976) · 1927
- Yazoo & M. V. R. v. WallsMississippi Supreme Court · 1915