Legal Opinion

Sights v. Louisville & N. R. R.

Court of Appeals of Kentucky

Decided January 27, 1904PublishedCited by 14 opinions

Case 49 — -Action by A. B. Sights against L. & N. R. R. Co. for Personal Injuries caused by Frightening his Horse. APPEAL FROM HENDERSON CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. QUESTIONS DISCUSSED AND AUTHORITIES CITED.

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Case 49 — -Action by A. B. Sights against L. & N. R. R. Co. for Personal Injuries caused by Frightening his Horse. APPEAL FROM HENDERSON CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. QUESTIONS DISCUSSED AND AUTHORITIES CITED. NEGLIGENCE of defendant. 1. It is negligence to permit an engine and train of cars to approach a public street in a city or town without giving signals of its approach by blowing the whistle or ringing the bell, or both, and this is true whether .such failure causes injury by collision or by frightening a team causing it to run away. Shelby’s Admr. v. Cin.…

1Opinion of the Court

Opinion op the court by

CHIEF JUSTICE BURNAM

Reversing.

The appellant, A. B. Sights, brought this suit against the appellee for damages for a broken leg, which he alleges was occasioned by his horses' taking fright and throwing him out of his buggy in consequence of! the negligence) of appellee’s servants in charge of one of its trains in the city of Henderson. Appellee filed a general demurrer to plaintiff’s .petition, which was overruled. It thereupon filed an answer, which was a traverse and a plea of contributory negligence. The trial court gave the jury a peremptory instruction to find for…

2Cases cited4 opinions

  1. Richmond v. Chicago & West Michigan Railway Co.Michigan Supreme Court · 1891
  2. Woehrle v. Minnesota Transfer Railway Co.Supreme Court of Minnesota · 1901
  3. Evans v. Lake Shore & Michigan Southern RailroadMichigan Supreme Court · 1891
  4. L. & N. R. R. Co. v. Penrod's Admr.Court of Appeals of Kentucky · 1900

3Cited by14 opinions

  1. Louisville & Nashville R. R. v. RothCourt of Appeals of Kentucky · 1908
  2. Gallagher v. Montpelier & Wells River RailroadSupreme Court of Vermont · 1927
  3. Pennsylvania Railroad v. YinglingCourt of Appeals of Maryland · 1925
  4. Erie R. Co. v. StewartCourt of Appeals for the Sixth Circuit · 1930
  5. Payne v. Barnette's AdministratorCourt of Appeals of Kentucky · 1922

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