Berry v. Louisville & N. R. R.
Court of Appeals of Kentucky
Case 105 — Action foe Personal Injuries APPEAL FROM HENDERSON CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. The appellant went aboard the train of appellee at Henderson with his wife, two small children and aged mother-in-law, having previously engaged sleeping berths for them. 1. At the time he put them on the cars the conductor was standing close to the steps on the platform. Mrs. Berry asked Mr. Berry not .to get aboard.
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Case 105 — Action foe Personal Injuries APPEAL FROM HENDERSON CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. The appellant went aboard the train of appellee at Henderson with his wife, two small children and aged mother-in-law, having previously engaged sleeping berths for them. 1. At the time he put them on the cars the conductor was standing close to the steps on the platform. Mrs. Berry asked Mr. Berry not .to get aboard. If the conductor heard this request, then he knew that Mr. Berry, the plaintiff, was only going to see his family aboard the train .and then get off, and it…
1Opinion of the Court
Opinion op the court by
JUDGE’BURNAM
Affirming.
This was an action to recover damages for personal injuries sustained by appellant at Henderson, Ky., while leaving the car of appellee into which he had gone for the purpose of bidding his mother-in-law, wife and two small children good-by upon their departure for Florida. The facts relied on in his petition to show negligence are that the employes of defendant in charge of the train knew that he did not intend to take passage thereon, but was going to get off as soon as he had seen the ladies seated1; that the train did not stop long enough for…
2Cases cited6 opinions
- Louisville & Nashville Railroad v. CrunkIndiana Supreme Court · 1889
- Railway Co. v. LawtonSupreme Court of Arkansas · 1892
- Griswold v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1885
- Coleman v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1889
- Missouri, Kansas & Texas Railway Co. v. MillerCourt of Appeals of Texas · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- St. Louis S. F. R. Co. v. LeeSupreme Court of Oklahoma · 1913
- Louisville & Nashville R. R. v. SmithCourt of Appeals of Kentucky · 1909
- Midland Valley R. Co. v. BaileySupreme Court of Oklahoma · 1912
- St. Louis S. F. R. Co. v. IsenbergSupreme Court of Oklahoma · 1915
- Dailey v. South Covington & Cincinnati Street Railway Co.Court of Appeals of Kentucky · 1914
4 more not listed; retrieve them via the Exa API.