Louisville & Nashville Railroad v. Survant
Court of Appeals of Kentucky
Case 32 — PETITION ORDINARY — APPEAL FROM MARION CIRCUIT COURT. 1. The appellee having lived at a railroad station, the law holds her to know the danger attending the running of railroad trains, and in attempting to travel on a road which encroaches upon appellant’s right of way she is held to assume the ordinary risk of such use of the track.
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Case 32 — PETITION ORDINARY — APPEAL FROM MARION CIRCUIT COURT. 1. The appellee having lived at a railroad station, the law holds her to know the danger attending the running of railroad trains, and in attempting to travel on a road which encroaches upon appellant’s right of way she is held to assume the ordinary risk of such use of the track. (L. & N. R. Co. v. Schmetzer, 94 Ky., 424.) 2. In the absence of any record that the road had been taken charge of by the county court, and of any proof that the road was generally and extensively used by the public, it can not be considered such a…
1Opinion of the Court
CHIEE JUSTICE QUIGLEY
delivered the opinion of the court.
This suit was brought to recover damages for personal injuries to the plaintiff, Jennie Survant, and for damage to a buggy, alleged to have been caused by the negligence of defendant in running a freight train upon a crossing over which at the time said plaintiff and her two children were passing in a buggy, whereby the mare hitched thereto was frightened and ran away, running the buggy against a telegraph pole and throwing plaintiff and her children out upon the-ground, the plaintiff falling upon her shoulder. Defendant denies all…
2Cases cited6 opinions
- Cahill v. CincinnatiCourt of Appeals of Kentucky · 1891
- Louisville Southern Railroad v. MinogueCourt of Appeals of Kentucky · 1890
- Shackleford's Adm'r v. Lou. & Nash. R. R.Court of Appeals of Kentucky · 1886
- Wilkins v. BarnesCourt of Appeals of Kentucky · 1881
- Gedge v. CommonwealthCourt of Appeals of Kentucky · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Louisville & Nashville Railroad v. HortonCourt of Appeals of Kentucky · 1920
- Stull's Administratrix v. Kentucky Traction & Terminal Co.Court of Appeals of Kentucky · 1916
- Louisville & Nashville R. R. v. Engleman's Adm'rCourt of Appeals of Kentucky · 1909
- Davis' Admr. v. Chesapeake & O. Ry. Co.Court of Appeals of Kentucky · 1903
- Calhoun v. CSX Transportation, Inc.Kentucky Supreme Court · 2011
11 more not listed; retrieve them via the Exa API.