Legal Opinion

Mace v. Ashland Coal & Iron Ry. Co.

Court of Appeals of Kentucky

Decided November 1, 1904PublishedCited by 2 opinions

Case 118 — Action by James E. Mace against the Ashland Coal, & Iron Ry. Company, for Damages for Personal Injuries.— APPEAL FROM BOYD CIRCUIT COURT-S. G. KINNER. CIRCUIT JUDGE. Judgment for Defendant and Plaintiff Appeals.

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Case 118 — Action by James E. Mace against the Ashland Coal, & Iron Ry. Company, for Damages for Personal Injuries.— APPEAL FROM BOYD CIRCUIT COURT-S. G. KINNER. CIRCUIT JUDGE. Judgment for Defendant and Plaintiff Appeals. The petition alleges that appellant was invited to use appellee's “incline,” which was the only practical way to return to appellant’s boat which transported coal for appellee company, and while being so conveyed appellee’s servant excitedly called out to appellant: “Jump for your life,” and in so jumping, as he was commanded, he was injured. We submit that it was the duty…

1Opinion of the Court

Opinion of the court by

Chief Justice BURNAM

affirming.

This is an appeal from a judgment sustaining a demurrer and dismissing appellant’s petition. The only question to be decided upon this appeal is whether the facts alleged are sufficient to support a cause of action.

The plaintiff alleged in substance that appellee was operating a double-track incline to convey coal from its drum-house on the bluff to coal barges in the river; that plaintiff' was the captain of a steamboat anchored in the Ohio river to a deck of barge of appellee, which was at the end of the incline; that he had walked down…

2Cases cited5 opinions

  1. Caulkins v. Gas-Light Co.Tennessee Supreme Court · 1887
  2. Winnegar's Administrator v. Central Passenger Railway Co.Court of Appeals of Kentucky · 1887
  3. Smith v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1893
  4. Williams' Admr. v. Southern RailwayCourt of Appeals of Kentucky · 1903
  5. Lexington Ry. Co. v. CozineCourt of Appeals of Kentucky · 1901

3Cited by2 opinions

  1. Creamer v. Kroger Grocery & Baking Co.Court of Appeals of Kentucky (pre-1976) · 1935
  2. Cincinnati, New Orleans & Texas Pacific Railway Co. v. Wilson's AdministratorCourt of Appeals of Kentucky · 1914

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