Hudson v. L. & N. R. R.
Court of Appeals of Kentucky
Case 30 — PETITION ORDINARY APPEAL PROM BOYLE CIRCUIT COURT. 1. The negligence alleged in failing to give signal of the approach of the train is too remote to claim damages. (2 Greenleaffs Ev., sec. 256; Bosworth v. Brand, 1 Dana, 377; Patch v. City of Covington, 17 B. Mon. 729.) 2. It was the negligence of appellee which caused the injury. (Phil., Wil. & Bal.
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Case 30 — PETITION ORDINARY APPEAL PROM BOYLE CIRCUIT COURT. 1. The negligence alleged in failing to give signal of the approach of the train is too remote to claim damages. (2 Greenleaffs Ev., sec. 256; Bosworth v. Brand, 1 Dana, 377; Patch v. City of Covington, 17 B. Mon. 729.) 2. It was the negligence of appellee which caused the injury. (Phil., Wil. & Bal. R. R. Co. v. Stenger, Railway Review, Sept. 18,1875; Shear-man & Redfield on Negligence, 546, sec. 487; Benton v. P. & W. R. R. Co., 4 Harrington, 252; Bett y. Pease, 4 Bos. & Adol. 30; Illinois B. B. Co. v. Buckner, 28 111. 299; 8…
1Opinion of the Court
JUDGE GOFER
delivered the opinion oe the court.
The appellants, Hudson and wife, brought this suit against appellee to recover damages for injuries resulting to Mrs. Hudson from the alleged negligence of the employes operating and controlling one of its trains. The court sustained a demurrer to the petition, and the only question on this appeal is whether that ruling was correct.
The substance of the allegations of the petition was about this:
One of the branches of appellee’s railroad runs for some distance near to and parallel with a turnpike leading from Perry ville to Mitchellsburg; that Mrs.…
2Cases cited3 opinions
- Hill v. Portland & Rochester RailroadSupreme Judicial Court of Maine · 1867
- Toledo, Wabash & Western Railway Co. v. HarmonIllinois Supreme Court · 1868
- Dolfinger & Co. v. FishbackCourt of Appeals of Kentucky · 1876
3Cited by9 opinions
- Parsons v. Crown Disposal Co.California Supreme Court · 1997
- Louisville & Nashville Railroad v. SmithCourt of Appeals of Kentucky · 1899
- L. & N. R. R. v. McCandlessCourt of Appeals of Kentucky · 1906
- Chesapeake & Ohio Railway Co. v. RobinsonCourt of Appeals of Kentucky (pre-1976) · 1926
- Cincinnati, New Orleans & Texas Pacific Railroad v. BellCourt of Appeals of Kentucky (pre-1976) · 1925
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