Gunn v. Felton
Court of Appeals of Kentucky
Case 79. — Action to Recover Damages fob Personal Injubies,— APPEAL FROM BOYLE CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. 1. The lower court erred in giving on its own motion, instruction No. 1. 2. The court erred in refusing to give instructions A. B. C. & D., asked by appellant. 3. The court erred in refusing to permit appellant to prove that the injury occurred within the city limits of Danville at a place where much travel was daily done, in the…
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Case 79. — Action to Recover Damages fob Personal Injubies,— APPEAL FROM BOYLE CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. 1. The lower court erred in giving on its own motion, instruction No. 1. 2. The court erred in refusing to give instructions A. B. C. & D., asked by appellant. 3. The court erred in refusing to permit appellant to prove that the injury occurred within the city limits of Danville at a place where much travel was daily done, in the presence of appellee’s employees. 4. The novel doctrine is asserted, ip the instruction of the court, that no matter how…
1Opinion of the Court
Opinion of the court by
JUDGE GUFFY
Reversing.
The appellant, Robert Gunn, an infant about thirteen years of age, sat down upon the ties near to the rail on the right of way of the appellee, in its track yard in or near the city of Danville. Being at the time suffering from headache, he suddenly fell asleep, and 'fell over upon the railroad track of defendant, with his arm extending on or across the rail upon said track, and while so asleep one of defendant’s engines, which was being backed into the yard, or along the track, ran over and upon said Gunn, and mashed and bruised his arm so that it…
2Cases cited3 opinions
- Shelby's Adm'r v. Cincinnati, New Orleans & Texas Pacific R. R.Court of Appeals of Kentucky · 1887
- Illinois Central Railroad v. DickCourt of Appeals of Kentucky · 1891
- L. & N. R. R. v. Howard's Adm'rCourt of Appeals of Kentucky · 1884
3Cited by7 opinions
- Louisville & Nashville R. R. v. McNary's AdmrCourt of Appeals of Kentucky · 1908
- Louisville & Nashville R. R. v. LoweCourt of Appeals of Kentucky · 1904
- Louisville & Nashville R. R. v. Bays' Admr.Court of Appeals of Kentucky · 1911
- Cincinnati, New Orleans & Texas Pacific Railroad v. Mayfield's Admr.Court of Appeals of Kentucky · 1911
- Kentucky & Indiana Bridge & R. R. v. SydnorCourt of Appeals of Kentucky · 1904
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