Wilsey v. L. & N. R. R.
Court of Appeals of Kentucky
Case 71 — PETITION ORDINARY — APPEAL PROM ROCKCASTLE CIRCUIT COURT. 1. After all the evidence on betli sides had been heard, it was too late to ask a peremptory instruction. (Hurt v. Miller, 3 A. K. Mar., 337; Dallam v. Handly, 2 A. K. Mar., 423; Woods v. McCombs’ Adm’r, -5 Ky. Law Eep., 694.) 2. A railroad company is liable for detention caused by negligence.
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Case 71 — PETITION ORDINARY — APPEAL PROM ROCKCASTLE CIRCUIT COURT. 1. After all the evidence on betli sides had been heard, it was too late to ask a peremptory instruction. (Hurt v. Miller, 3 A. K. Mar., 337; Dallam v. Handly, 2 A. K. Mar., 423; Woods v. McCombs’ Adm’r, -5 Ky. Law Eep., 694.) 2. A railroad company is liable for detention caused by negligence. It was, therefore, error to strike out tlaat part of the petition which charged that the wreck was caused by defendant’s negligence. (Hutchinson on Carriers, section 608; Quamley v. Vanderbilt, 17 ST. Y., 306; Williams v. Same, 28 N.…
1Opinion of the Court
JUDGE HOLT
delivered the opinion op the court.
This action is for an alleged trespass, committed upon the appellant, Wilsey, by a conductor of the appellee in ejecting him from its train, upon which, he was a passenger. It appears that on October 25, 1883, he purchased at full rate a ticket without any condition or limitation upon its face, or any coupon attached to it, over the appellee’s road from Dan-ville Junction to London; and upon the same day he* took passage upon it, the train arriving at Mt.. Yernon between six and seven o’clock in the evening, where it was detained by a wreck upon…
2Cases cited3 opinions
- St. Louis, Alton & Terre Haute Railroad v. SouthIllinois Supreme Court · 1867
- Stephen v. SmithSupreme Court of Vermont · 1857
- State v. ChovinSupreme Court of Iowa · 1858
3Cited by5 opinions
- Payne v. SimmonsCourt of Appeals of Kentucky · 1923
- Curtis v. Louisville City Railway Co.Court of Appeals of Kentucky · 1893
- Ponder v. Lexington & Eastern Railway Co.Court of Appeals of Kentucky · 1915
- Gulf, Colorado & Santa Fe Railway Co. v. DyerCourt of Appeals of Texas · 1906
- Pennsylvania Railroad v. ParrySupreme Court of New Jersey · 1893