Louisville & Nashville R. R. v. Engleman's Adm'r
Court of Appeals of Kentucky
CASE 63. — ACTION BY BESSIE. KAY ENGLEMAN’S ADMINISTRATOR AGAINST THE LOUISVILLE & NASHVILLE RAILROAD COMPANY FOR CAUSING HER DEATH. Appeal from Lincoln.Circuit Court. W. C. Bell, Circuit Judge. Judgment for plaintiff, defendant appeals. POINTS DISCUSSED AND AUTHORITIES CITED. 1. Defendant did not owe decedent the duty of signalling, or slacking the speed of its train, for the private crossing where the accident happened.
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CASE 63. — ACTION BY BESSIE. KAY ENGLEMAN’S ADMINISTRATOR AGAINST THE LOUISVILLE & NASHVILLE RAILROAD COMPANY FOR CAUSING HER DEATH. Appeal from Lincoln.Circuit Court. W. C. Bell, Circuit Judge. Judgment for plaintiff, defendant appeals. POINTS DISCUSSED AND AUTHORITIES CITED. 1. Defendant did not owe decedent the duty of signalling, or slacking the speed of its train, for the private crossing where the accident happened. If it did not, then, obviously, defendant was not negligent as to decedent. L. & N. R. Co. v. Survant, 96 Ky., 197; Davis, adm’r, v. C. & O. Ry. Co., 116 Ky., 154; Johnson,s…
1Opinion of the Court
Opinion of the Court by
Judge Hobson
-Reversing.
Bessie Kay Engleman, while driving a phaeton across the Louisville & Nashville railroad track at a private crossing known as “Woods’ crossing,” about 2i/2 miles north of Stanford, Ky., was struck by the north-bound passenger train and killed. This action was brought by her administrator to recover for her *519death, and, a recovery having been had in the sum of $10,000, the railroad company appeals.
The pike ran on the opposite side of the railroad from the home of the decedent. To get out to the pike from her home, she used a private road, and was…
2Cases cited7 opinions
- Early's Admr. v. Louisville, H. & St. L. Ry. Co.Court of Appeals of Kentucky · 1903
- Southern Ry. Co. v. Winchester's Ex'xCourt of Appeals of Kentucky · 1907
- Johnson's Administrator v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1883
- Davis' Admr. v. Chesapeake & O. Ry. Co.Court of Appeals of Kentucky · 1903
- Louisville & Nashville Railroad v. SurvantCourt of Appeals of Kentucky · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Illinois Cent. R. Co. v. Applegate's Adm'xCourt of Appeals of Kentucky (pre-1976) · 1936
- Stull's Administratrix v. Kentucky Traction & Terminal Co.Court of Appeals of Kentucky · 1916
- Chesapeake & Ohio Railway Co. v. Hunter's AdministratorCourt of Appeals of Kentucky · 1916
- Brumfield v. Consolidated Coach CorporationCourt of Appeals of Kentucky (pre-1976) · 1931
- Illinois Central R. Co. v. MaxwellCourt of Appeals of Kentucky (pre-1976) · 1943
15 more not listed; retrieve them via the Exa API.