Cahill v. Cincinnati
Court of Appeals of Kentucky
Case 68 — PETITION ORDINARY APPEAL PROM KENTON CIRCUIT COURT. 1. When a private crossing of a railroad is established by agreement or acquiescence a person crossing the road is not a trespasser and the railroad company owes the duty of active vigilance.
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Case 68 — PETITION ORDINARY APPEAL PROM KENTON CIRCUIT COURT. 1. When a private crossing of a railroad is established by agreement or acquiescence a person crossing the road is not a trespasser and the railroad company owes the duty of active vigilance. (Bishop on Non-Contract Law, secs. 1094, 1054; Shearman & Redfield on Negligence, secs. 463, 464, 484; 12 Bush, 50; Thompson on Negligence, vol. 1, p. 418; vol. 2, p. 257; Bishop on Non-Contract Law, sec. 466.) 2. It is not only the duty of a train approaching a crossing to give timely warning, but it must be given in such a way as not to…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OE THE COURT.
The jury having at conclusion of the plaintiff’s, evidence in this case, under instructions of the court, returned a verdict as in case of non-suit, she appeals.
The circumstances under which the injury complained of was done are substantially as follows: Plaintiff, an unmarried woman, had started about 9 a. m. from the residence of her father, of whose family she was a member, to church, in a buggy owned and driven by a young man, Henry Conrad, and was closely followed by her sister, also unmarried, and Jerry Conrad, in another buggy. The route…
2Cases cited8 opinions
- Robinson v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
- Louisville, Cincinnati & Lexington Railroad v. Goetz's adm'xCourt of Appeals of Kentucky · 1881
- Paducah & Memphis R. R. v. HoehlCourt of Appeals of Kentucky · 1876
- Shackleford's Adm'r v. Lou. & Nash. R. R.Court of Appeals of Kentucky · 1886
- Masterson v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Bricker v. GreenMichigan Supreme Court · 1946
- Shultz v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Stotler ex rel. Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1906
- Louisville & Nashville R. R. v. McNary's AdmrCourt of Appeals of Kentucky · 1908
- St. Louis S. F. R. Co. v. BellSupreme Court of Oklahoma · 1916
54 more not listed; retrieve them via the Exa API.