Legal Opinion

Covington & Cincinnati Bridge Co. v. Smith

Court of Appeals of Kentucky

Decided April 29, 1904PublishedCited by 5 opinions

Case 9 — Action by Jennie' Smiti-i against the Covington & Cincinnati Bridc-e Co. for Personal Injuries. APPEAL PROM KENTON CIRCUIT COURT — JAS. P. TARVIN, CIRCUIT JUDGE. JUDGMENT TOR PLAINTIFF AND DEFENDANT APPEALS. POINTS AND AUTHORITIES'. 1. The court erred in refusing to discharge the jury panel present to. try the case. Kentucky Statutes, 2243 to 2247; Curtis v. Com. Ky.

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Case 9 — Action by Jennie' Smiti-i against the Covington & Cincinnati Bridc-e Co. for Personal Injuries. APPEAL PROM KENTON CIRCUIT COURT — JAS. P. TARVIN, CIRCUIT JUDGE. JUDGMENT TOR PLAINTIFF AND DEFENDANT APPEALS. POINTS AND AUTHORITIES'. 1. The court erred in refusing to discharge the jury panel present to. try the case. Kentucky Statutes, 2243 to 2247; Curtis v. Com. Ky. Law Rep., 267; 'Stone v. Sanders, 106 Ky., 904. 2. The court erred in refusing to give peremptory instruction for defendant. Buswell on Law of Personal Injury, sec. 182; Beach on Contributory Negligence, 3d ed., 272; Am.…

1Opinion of the Court

OPINION op the coubt by

JUDGE BARKER

Reversing.

The appellee, Jennie Smith, on the 21st day of January, 1902, about 6 o’clock p. m., with a companion, was walking over appellant’s bridge from Cincinnati to 'Covington; and, when near the abutment on the Kentucky side, she slipped in the snow or ice, and fell, breaking her arm, for which she instituted this action to recover damages, alleging that her injury was caused by the negligence of appellant. The answer placed in issue the material allegations of the petition, with a plea of contributory negligence, which, being controverted, completed the…

2Cases cited1 opinion

  1. Curtis v. CommonwealthCourt of Appeals of Kentucky · 1901

3Cited by5 opinions

  1. State ex rel. Murphy v. Superior Court for Whatcom CountyWashington Supreme Court · 1914
  2. Coca Cola Bottling Co. of Flagstaff v. JonesArizona Supreme Court · 1952
  3. Jones v. WoodwarthSouth Dakota Supreme Court · 1910
  4. John Hancock Mutual Life Insurance Co. v. HighleySupreme Court of Oklahoma · 1968
  5. Louisville N. R. Co. v. GregoryCourt of Appeals of Kentucky (pre-1976) · 1941

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