Chesapeake & Ohio Railway Co. v. Judd's Administratrix
Court of Appeals of Kentucky
Case 41 — ACTION FOR INJURY CAUSING DEATH — APPEAL FROM BOYD CIRCUIT COURT. I. Appellant was entitled to peremptory instruction at the close of all the evidence. (1) Because deceased knew defective conditioh of engine in question and assumed the risk thereof. (a) Obviousness of defective condiction of machinery and. opportunity to observe equivalent to actual knowledge. Bogenschutz v. Smith, 84 Ky., 330; L. & N. R. R. Co. v. Robinson, 13 Ky.
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Case 41 — ACTION FOR INJURY CAUSING DEATH — APPEAL FROM BOYD CIRCUIT COURT. I. Appellant was entitled to peremptory instruction at the close of all the evidence. (1) Because deceased knew defective conditioh of engine in question and assumed the risk thereof. (a) Obviousness of defective condiction of machinery and. opportunity to observe equivalent to actual knowledge. Bogenschutz v. Smith, 84 Ky., 330; L. & N. R. R. Co. v. Robinson, 13 Ky. Law Rep., 153; Lawrence v. Hagemeyer, 93 Ky., 590; Bradshaw’s Admr. v. L. & N. R. R. Co., 14 Ky. Law Rep., 689. (b) Defective condition of engine in…
1Opinion of the Court
JUDGE GUFFY
delivered the opinion of the court.
This action was instituted by the appellee against the appellant to recover damages for the death of the intestate, who was her husband, who, while in the employ of the appellant as conductor of a freight or construction train, was killed, as is alleged by gross carelessness and willful negligence of defendant, its agetats, etc., in the year 1892, and for which she sought to recover the sum of $40,000.
The answer may be treated as a denial of all the averments of the petition tending to show a right to recover, and also contains a plea of…
2Cited by8 opinions
- Great Atlantic & Pacific Tea Co. v. SmithCourt of Appeals of Kentucky (pre-1976) · 1939
- Louisville & Nashville R. R. v. ScottCourt of Appeals of Kentucky · 1911
- Polley v. Cline's Ex'rCourt of Appeals of Kentucky (pre-1976) · 1936
- Allender Co. v. Browning's AdministratrixCourt of Appeals of Kentucky (pre-1976) · 1932
- Jefferson Dry Goods Co. v. StoessCourt of Appeals of Kentucky (pre-1976) · 1947
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