Louisville & Nashville R. R. v. Vestal
Court of Appeals of Kentucky
Case 59 — NEGLIGENCE The case should have been taken from the jury. Hullehan v. Green Bay, Wmona & St. Paul R. R. Co., 31 Am. & Eng. R. R. Cases, 322; Ragon v. Toledo A. A. & N. M. Ry. Co., 97 Mich., 265; s. c. 9 Am.
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Case 59 — NEGLIGENCE The case should have been taken from the jury. Hullehan v. Green Bay, Wmona & St. Paul R. R. Co., 31 Am. & Eng. R. R. Cases, 322; Ragon v. Toledo A. A. & N. M. Ry. Co., 97 Mich., 265; s. c. 9 Am. R. R. & Corp. Reps, 431; Hayden v. Manufacturing Co., 29 Conn., 548; De Forest v. Jewett, 88 N. Y.', 264; Gibson v. Railway Co., 63 N. Y., 450; Cooley’s Torts, 650; Shearman & Redfield on Law of Negligence (4th ed.) sec. 185; Finnell v. Railroad Co., 129 N. Y., 669; s. c. 29 N. E. R., 825; Pennsylvania Co., v. Hankey, 93 111., 580; Thompson v. Railroad Co., 153 Mass., 391; s. c.…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion of the court.
The appellee was employed by the appellant as switch’ man in its yards at Milldale, and on the night of December 13, 1894, whilst engaged at his work, in attempting to couple two freight cars, his hand was caught between the bumpers, and so badly mangled that amputation was ren> dered necessary.
The evidence of the appellee conduces to prove that two cars were kicked back to be coupled with a stationary one, and as they moved back at a safe rate of speed appellee jumped from them, moved ahead, and, after seeing the drawheads were safe, attempted…
2Cases cited8 opinions
- Kane v. Northern Central Railway Co.Supreme Court of the United States · 1888
- Bogenschutz v. SmithCourt of Appeals of Kentucky · 1886
- Hulehan v. Green Bay, Winona & St. Paul RailroadWisconsin Supreme Court · 1887
- Wallace v. . C.V.R.R. Co.New York Court of Appeals · 1893
- Hughes v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1880
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3Cited by5 opinions
- Pfisterer v. J. H. Peter & Co.Court of Appeals of Kentucky · 1904
- Illinois Central Railroad v. Skinner's AdministratrixCourt of Appeals of Kentucky · 1917
- Harper v. Illinois Cent. Ry.Court of Appeals of Kentucky · 1909
- Louisa Coal Co. v. Hammond's AdministratrixCourt of Appeals of Kentucky · 1914
- Jarboe's Administrator v. ColemanCourt of Appeals of Kentucky · 1916