Central Passenger Railway Co. v. Kuhn
Court of Appeals of Kentucky
Case 75 — PETITION ORDINARY APPEALS FROM JEFFERSON COURT OF COMMON PLEAS. 1. The act of Eebruary 14, 1839, authorizing separate verdicts against joint trespassers, not being re-enacted in General Statutes, is repealed. '2. That statute, if in force, does not authorize separate verdicts for different sums against joint trespassers.
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Case 75 — PETITION ORDINARY APPEALS FROM JEFFERSON COURT OF COMMON PLEAS. 1. The act of Eebruary 14, 1839, authorizing separate verdicts against joint trespassers, not being re-enacted in General Statutes, is repealed. '2. That statute, if in force, does not authorize separate verdicts for different sums against joint trespassers. (1 J. J. M., 3G1, Cox v. Cook; 1 Bibb, 439, Rochester v. Anderson; Sutherland on Damages, vol. 1, pp. 823-4.) 3. Taking judgment on the larger verdict against the Central Passenger Co. was a waiver of the right to take judgment against the L. & N. R. R. C. for the…
1Opinion of the CourtChief Justice Pryor
Tlie appellee, Christ Kuhn, instituted the present action in the Jefferson Court of Common Pleas against the Central Passenger Railroad Company and the Louisville and Nashville Railroad Company, in which *583it is alleged that when a passenger on the cars of the Passenger Railroad Company he was injured by being-thrown out of the car by reason of a collision between the cars of that company and those of the Louisville and Nashville Railroad Company, caused by the joint negligence of the employes of each defendant.
The accident occurred in the eastern part of the city •at the corner of Baxter…
2Cases cited3 opinions
- Louisville, Cincinnati & Lexington Railroad v. Goetz's adm'xCourt of Appeals of Kentucky · 1881
- Lou. & Nash. R. R. v. Ritter's Adm'rCourt of Appeals of Kentucky · 1887
- Rochester v. AndersonCourt of Appeals of Kentucky · 1809
3Cited by51 opinions
- Cox v. CooperCourt of Appeals of Kentucky (pre-1976) · 1974
- Degener v. Hall Contracting Corp.Kentucky Supreme Court · 2000
- Louisville & Nashville R. R. v. RothCourt of Appeals of Kentucky · 1908
- Missouri, O. & G. Ry. Co. v. CollinsSupreme Court of Oklahoma · 1915
- Markham v. Houston Direct Navigation Co.Texas Supreme Court · 1889
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