Passamaneck's Admr. v. Louisville Railway Co.
Court of Appeals of Kentucky
Case 35 — PETITION ORDINARY — APPEAL FROM JEFFERSON CIRCUIT COURT, IAW AND EQUITY DIVISION. 1. The question of negligence or contributory negligence is a question of fact for the jury to determine. (Buswell on Law of Personal Injuries, sec. 138; Shearman & Redfield on Negligence, sec. 114; Beach on Contributory Negligence, sec. 163.) 2. The fact that the child was on the track unattended was not per se negligence on the part of the parents.
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Case 35 — PETITION ORDINARY — APPEAL FROM JEFFERSON CIRCUIT COURT, IAW AND EQUITY DIVISION. 1. The question of negligence or contributory negligence is a question of fact for the jury to determine. (Buswell on Law of Personal Injuries, sec. 138; Shearman & Redfield on Negligence, sec. 114; Beach on Contributory Negligence, sec. 163.) 2. The fact that the child was on the track unattended was not per se negligence on the part of the parents. All that the law requires is that the parent should do that which an ordinarily prudent person in a like situation would do under like circumstances.…
1Opinion of the Court
JUDGE PAYNTER
delivered the opirtoh oe the court.
On tlie 6th of August, 1893, at half-past 7 o’clock p. m., Mary Passamaneclt, an infant sixteen months old, was run over and killed by a street car, drawn by two mules, on the appellee’s street railroad in the city of Louisville. Her father, Moses Passamaneck, qualified as her administrator, and brought this action to recover damages, alleging that the agent and servant of appellee negligently and carelessly drove its mules and ran its car over the child, inflicting in*198juries from which it died withiu a few minutes thereafter. Appellee denied the…
2Cases cited9 opinions
- Ihl v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1872
- Birkett v. . Knickerbocker Ice Co.New York Court of Appeals · 1888
- Frick v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Henderson's Adm'r v. Ky. Cent. R. R.Court of Appeals of Kentucky · 1887
- Schmidt v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1868
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3Cited by16 opinions
- Louisville Gas & Electric Co. v. BeaucondCourt of Appeals of Kentucky · 1920
- Edgington ex rel. Meyer v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1902
- Kentucky Utilities Co. v. McCarty's AdministratorCourt of Appeals of Kentucky · 1916
- Feige v. HurleyCourt of Appeals for the Sixth Circuit · 1937
- Smith's Adm'r v. National Coal & Iron Co.Court of Appeals of Kentucky · 1909
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