Illinois Central Railroad v. Dick
Court of Appeals of Kentucky
Case 81 — PETITION ORDINARY — APPEAL PROM CARLISLE COURT OP COMMON PLEAS. 1. Appellee was guilty of such contributory negligence in failing to take any precaution for his safety as will bar a recovery. (Behrens v. Kansas Rae. R. Co., 5 Col.; 8 Am. and Eng. Railroad Cases, 184; Shearman & Redffeld on Negligence, secs. 25 and 42.) 2. The fact that appellee was working on Sunday in violation of law constitutes contributory negligence on his part.
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Case 81 — PETITION ORDINARY — APPEAL PROM CARLISLE COURT OP COMMON PLEAS. 1. Appellee was guilty of such contributory negligence in failing to take any precaution for his safety as will bar a recovery. (Behrens v. Kansas Rae. R. Co., 5 Col.; 8 Am. and Eng. Railroad Cases, 184; Shearman & Redffeld on Negligence, secs. 25 and 42.) 2. The fact that appellee was working on Sunday in violation of law constitutes contributory negligence on his part. (Day v. Highland Street R. Co., 15 Am. and Eng. Railroad Cases; Commonwealth v. Lou. & Nash. R. Co., 6 Am. and Eng. R. Cases, 216.) 1. The verdict will…
1Opinion of the CourtChief Justice Holt
The appellee, William Dick, was engaged with many-other workmen in building caissons at the wader’s edge in the city of Cairo, Illinois, to be used in constructing a bridge over the Ohio river at that point.
Between where they were at work and the houses of the city, and upon the top of the levee, was the switch yard of the appellant. It was usually called the “transfer yard,” because the trains of the railroad were transported over the river at that place. The appellant had seven or eight tracks close to and parallel with each other at this point, and extending for a considerable distance…
2Cases cited2 opinions
- Sutton v. Town of WauwatosaWisconsin Supreme Court · 1871
- Paducah & Memphis R. R. v. HoehlCourt of Appeals of Kentucky · 1876
3Cited by19 opinions
- Missouri Pac. Ry. Co v. MoseleyCourt of Appeals for the Eighth Circuit · 1893
- Hughes v. Atlanta Steel Co.Supreme Court of Georgia · 1911
- Louisville & Nashville R. R. v. LoweCourt of Appeals of Kentucky · 1904
- Cederson v. Oregon Navigation Co.Oregon Supreme Court · 1900
- Pyle v. ClarkCourt of Appeals for the Eighth Circuit · 1897
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