Chesapeake, R. Co. v. Osborne
Court of Appeals of Kentucky
Case 20 — PETITION ORDINARY APPEAL FROM GREENUP CIRCUIT COURT. 1. As no attack was made upon appellee’s character, it was not competent for him to introduce evidence as to his good standing in the community in which he lived. 2. Steward was not the agent of appellant and it was not responsible for his acts. 3. The court erred in refusing to instruct the jury, as asked by appellant, that the person ejecting appellee had the right to use only such force as reasonably appeared…
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Case 20 — PETITION ORDINARY APPEAL FROM GREENUP CIRCUIT COURT. 1. As no attack was made upon appellee’s character, it was not competent for him to introduce evidence as to his good standing in the community in which he lived. 2. Steward was not the agent of appellant and it was not responsible for his acts. 3. The court erred in refusing to instruct the jury, as asked by appellant, that the person ejecting appellee had the right to use only such force as reasonably appeared to be necessary to eject him. 4. The amount of damages assessed was flagrantly excessive. 1. Defendant is liable for the…
1Opinion of the Court
JUDGE GUPPY
DELIVERED THE OPINION OE THE COURT.
This is an appeal taken from a judgment of the Greenup; Circuit Court rendered in the action of David Osborne against the appellant, Chesapeake & Ohio Railway Company. It appears that appellee some time prior to 11th of July, 1891, bought of the ticket agent of appellant, at Russell, Kentucky, a ticket to Ashland, and that soon afterwards a train of cars reached Russell, and appellant with the ticket stuck in his hat boarded the cars, or at least got upon the steps, and was by one. Steward ejected from the car by force, and as appellee claims…
2Cited by5 opinions
- McNamara v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- Schulte v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1908
- Louisville & N. R. R. Co. v. Breeden's Adm'x.Court of Appeals of Kentucky · 1901
- Collins v. Texas & Pacific Railway Co.Court of Appeals of Texas · 1897
- Moore v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1900