Hammill v. Louisville & Nashville Railroad
Court of Appeals of Kentucky
Case 59 — PETITION ORDINARY APPEAL PROM KENTON CIRCUIT COURT. Argued orally by Harvey Myers. No brief in record. As the decedent went upon the bridge, which was intended exclusively for trains, when it was difficult, by reason of the hour and of the atmospheric conditions, to see, and'when he knew that trains were constantly passing and must of necessity have heard and seen the approaching train, his death was due to his own negligence, and his widow can not, therefore,…
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Case 59 — PETITION ORDINARY APPEAL PROM KENTON CIRCUIT COURT. Argued orally by Harvey Myers. No brief in record. As the decedent went upon the bridge, which was intended exclusively for trains, when it was difficult, by reason of the hour and of the atmospheric conditions, to see, and'when he knew that trains were constantly passing and must of necessity have heard and seen the approaching train, his death was due to his own negligence, and his widow can not, therefore, recover. (L. & N. R. Co. v. Howard’s Adm’r, 82 Ky., 214; Shackleford’s Adm’r v. L. & N. R. Co., 84 Ky., 44; Rountree v.…
1Opinion of the Court
JUDGE LE WIS
delivered the opinion of the court.
*344Appellant, Ann Hammill, widow of James Hammill, brought this action to recover damages for destruction of his life by alleged willful neglect of servants and agents of appellee. And the question for decision is whether the lower court properly instructed the jury at conclusion of plaintiff’s evidence to find for the defendant. As said in L. & N. R. Co. v. Howard’s Adm’r, 82 Ky., 212, “This court has often held that where the evidence conduced in ány degree to establish the right of recovery it is improper to instruct to find for the defendant.”
Tha…
2Cases cited1 opinion
- L. & N. R. R. v. Howard's Adm'rCourt of Appeals of Kentucky · 1884
3Cited by2 opinions
- Ligon v. AllenCourt of Appeals of Kentucky · 1916
- Jenkins v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1898