Lou., Cin. & Lex. R. R. v. Commonwealth
Court of Appeals of Kentucky
Case 27 — INDICTMENT— APPEAL FROM KENTON CIRCUIT COURT. 1. A master is not liable to a criminal action at common law for the acts of his servant unless actually authorized by him. (Sherman & Red-field on Negligence, 78.) 2. If the fault is on both sides, the burden of proof is upon plaintiff to show that, notwithstanding any neglect on his part,’ the injury is not attributable to him, but to the misconduct of defendant.
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Case 27 — INDICTMENT— APPEAL FROM KENTON CIRCUIT COURT. 1. A master is not liable to a criminal action at common law for the acts of his servant unless actually authorized by him. (Sherman & Red-field on Negligence, 78.) 2. If the fault is on both sides, the burden of proof is upon plaintiff to show that, notwithstanding any neglect on his part,’ the injury is not attributable to him, but to the misconduct of defendant. (Green-leaf on Evidence, sec. 478.) 3. It is the policy, in the construction of railroads and the incorporation of railway companies, to have conveyed passengers, freight, and…
1Opinion of the Court
JUDGE HARGIS
delivered the opinion of the court.
This was a prosecution for a common law nuisance, charged to have been committed by the appellant at a crossing of the turnpike and its railroad, by habitually running its trains at an unsafe and unreasonable rate of speed, and so rapidly as to endanger, hazard, and injure persons traveling upon *144the turnpike, without giving warning signals or taking precautions to avoid injuring .such persons by approaching trains.
A trial was had, and a verdict and judgment rendered against the appellant for $500, from which it prosecutes this appeal, and asks a…
2Cited by6 opinions
- St. Louis & San Francisco Railroad v. MooreMississippi Supreme Court · 1911
- Johnson's Administrator v. Louisville & Interurban RailroadCourt of Appeals of Kentucky · 1923
- Commonwealth v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1909
- Chesapeake & Ohio Railway Co. v. City of BellevueCourt of Appeals of Kentucky (pre-1976) · 1931
- Cincinnati, N. O. & T. P. Ry. Co. v. CommonwealthCourt of Appeals of Kentucky · 1907
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