Legal Opinion

Louisville & Nashville R. R. v. Lowe

Court of Appeals of Kentucky

Decided May 13, 1904PublishedCited by 42 opinions

Case 29 — Action by Wm. S. Lowe against the L. & N. R. R. Co. for Personal Injuries. APPEAL FROM WASHINGTON CIRCUIT COURT-J. P. THOMPSON, SPECIAL JUDGE. Judgment fob Plaintiff and Defendant Appeals.

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Case 29 — Action by Wm. S. Lowe against the L. & N. R. R. Co. for Personal Injuries. APPEAL FROM WASHINGTON CIRCUIT COURT-J. P. THOMPSON, SPECIAL JUDGE. Judgment fob Plaintiff and Defendant Appeals. The points complained of and relied on for reversal are as follows: 1. The trial court should have given peremptory instructions to the jury to find for the defendant, -because on the uneontradicted facts proven appellee was guilty of such negligence, but for which the accident would not have happened. 2. The peremptory instruction should have been given for the further reason that if there was…

1Opinion of the Court

Opinion of the court by

JUDGE HOBSON

Reversing.

Appellee, William. S. Lowe, was in the service of appellant, the Louisville & Nashville Bailroad Company, as as*265sistant inspector of trains at Lebanon Junction, which is a town of about 1,200 inhabitants, at the junction of the Knoxville branch with the main line of appellant’s road. There is maintained at this place a railroad yard, containing an extensive system of side tracks, used in making up freight trains going out of the yards. The regular trains, too, pass over the main tracks, and are sometimes switched on the side tracks, so that cars are…

2Cases cited20 opinions

  1. Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
  2. Inland & Seaboard Coasting Co. v. TolsonSupreme Court of the United States · 1891
  3. Cahill v. CincinnatiCourt of Appeals of Kentucky · 1891
  4. Conley's Adm'r v. Cincinnati, New Orleans & Texas Pacific Railway Co.Court of Appeals of Kentucky · 1889
  5. Louisville, Cincinnati & Lexington Railroad v. Goetz's adm'xCourt of Appeals of Kentucky · 1881

15 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. Illinois Central Ry. Co. v. Murphy's Admr.Court of Appeals of Kentucky · 1906
  2. Louisville & Nashville R. R. v. McNary's AdmrCourt of Appeals of Kentucky · 1908
  3. Louisville & N. R. R. v. BrownCourt of Appeals of Kentucky · 1908
  4. Louisville & Nashville Railroad v. Johnson's AdministratrixCourt of Appeals of Kentucky · 1914
  5. Chesapeake & Ohio Railway Co. v. Warnock's Admr.Court of Appeals of Kentucky · 1912

37 more not listed; retrieve them via the Exa API.

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