Louisville, Cincinnati & Lexington R. R. v. Case's administrator
Court of Appeals of Kentucky
Case 41 — PETITION ORDINARY APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. CITED Shearman & Redfield on Negligence, 220, 345, 346, 663. Sedgwick on Damages, 35, 37. Act of March 10, 1854. 9 Bush, 522, L. & P. Canal Co. v. Murphy, adm’r, &c. 5 Rob. (N. Y.) 548, Mooney v. Hudson River R. R. Co. 6 Bush, 580, L. & N. R. R. Co. v. Filbern’s adm’x. 2 Duvall, 509, Woodcock v. Bowman. 4 Bush, 596, Ky. Cent.
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Case 41 — PETITION ORDINARY APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. CITED Shearman & Redfield on Negligence, 220, 345, 346, 663. Sedgwick on Damages, 35, 37. Act of March 10, 1854. 9 Bush, 522, L. & P. Canal Co. v. Murphy, adm’r, &c. 5 Rob. (N. Y.) 548, Mooney v. Hudson River R. R. Co. 6 Bush, 580, L. & N. R. R. Co. v. Filbern’s adm’x. 2 Duvall, 509, Woodcock v. Bowman. 4 Bush, 596, Ky. Cent. R. R. Co. v. Dills. 3 Bush, 587, Parker v. Jenkins. 2 Stanton’s Revised Statutes, 510.' 2 Redfield on Railways, 207, and notes. 1 Barr, 190, Penn. R. R. Co. v. Story. 6 Duer, 382. 7 Casey, 372. 32…
1Opinion of the Court
JUDGE LINDSAY
delivered the opinion oe the court.
The petition of April 2, 1872, as amended on the 9th of the same month, presented a cause of action under the first section of the act of March 10, 1854. It was alleged that the intestate was killed by the employees of the railroad company carelessly and negligently causing a train of its cars to be run over him, and that he’ was not at the time an employee of the company.
It was not necessary and would not have been proper to state in detail the circumstances from which negligence or carelessness might be inferred. The Code of Practice requires…
2Cases cited2 opinions
- Parker v. JenkinsCourt of Appeals of Kentucky · 1868
- Bowler v. LaneCourt of Appeals of Kentucky · 1860
3Cited by34 opinions
- Little v. HackettSupreme Court of the United States · 1886
- Wabash, St. Louis & Pacific Railway Co. v. ShackletIllinois Supreme Court · 1883
- Dean v. Pennsylvania R.Supreme Court of Pennsylvania · 1889
- Jacobs's adm'r v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1874
- Gaines & Co. v. JohnsonCourt of Appeals of Kentucky · 1907
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