Louisville & Nashville Railroad v. Bocock
Court of Appeals of Kentucky
Case 40 — ACTION FOR PERSONAL INJURY — June 3- APPEAL PROM BELL CIRCUIT COURT- 1. The petition fails to allege facts sufficient to constitute a cause of action and the defect was not cured by any subsequent pleading. Shearman & Rediield on Neg., .sec. 8 (4th ed.); Chiles v. Drake, 2 Met., 149, and L. & N. R. R. Co. v. Wolfe, 80 Ky., 82, distinguished.
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Case 40 — ACTION FOR PERSONAL INJURY — June 3- APPEAL PROM BELL CIRCUIT COURT- 1. The petition fails to allege facts sufficient to constitute a cause of action and the defect was not cured by any subsequent pleading. Shearman & Rediield on Neg., .sec. 8 (4th ed.); Chiles v. Drake, 2 Met., 149, and L. & N. R. R. Co. v. Wolfe, 80 Ky., 82, distinguished. The plaintiff having elected .to allege the particular circumstances which he relied on as constituting negligence, he was limited to them on the trial. Greer v. L. & N. R. R. Co., 94 Ky., 169. 2. The amended answer which was offered at the…
1Opinion of the Court
JUDGE HOBSON
delivered the opinion op the court.
Appellee was a brakeman in appellant’s service. While in the discharge of his duty in making a coupling, he was caught between the cars of the train and his leg cut off. For this there was a verdict and judgment in his favor for the sum of $5,000. The railroad company seeks by this appeal a reversal of the judgment, chiefly on the ground that the facts did not warrant a recovery, and that the instructions of the court below did not properly give the law of the case to the jury.
The injury occurred at Asher’s Mill, which is> just south of the…
2Cases cited5 opinions
- Lewis v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1875
- Ragon v. Toledo, Ann Arbor & North Michigan Railway Co.Michigan Supreme Court · 1893
- Batterson v. Chicago & Grand Trunk Ry. Co.Michigan Supreme Court · 1884
- Alexander v. Lou. & Nash. R. R.Court of Appeals of Kentucky · 1886
- Kansas City, Fort Scott & Gulf Railroad v. KierSupreme Court of Kansas · 1889
3Cited by6 opinions
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. Lovell's Admr.Court of Appeals of Kentucky · 1910
- Houston Stanwood & Gamble Co. v. SchneiderCourt of Appeals of Kentucky · 1912
- Louisville & Nashville Railroad v. CoxCourt of Appeals of Kentucky · 1913
- Heitt v. SmithCourt of Appeals of Kentucky · 1924
- Turner, Day & Woolworth Handle Co. v. AllenCourt of Appeals of Kentucky · 1919
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