Louisville & N. R. R. Co. v. Breeden's Adm'x.
Court of Appeals of Kentucky
Case 80 — Action to Recover Damages for the Death of Plaintiff’s Intestate APPEAL FROM FRANKLIN CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. Rasmus Breeden was killed by a Chesapeake & Ohio Railway train at a -public crossing in Woodford county on the track of the L. & N. R. R. Co., while the same was being used by the C. & O. under a traffic arrangement between said two companies set out in full in this record. POINTS AND AUTHORITIES.
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Case 80 — Action to Recover Damages for the Death of Plaintiff’s Intestate APPEAL FROM FRANKLIN CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. Rasmus Breeden was killed by a Chesapeake & Ohio Railway train at a -public crossing in Woodford county on the track of the L. & N. R. R. Co., while the same was being used by the C. & O. under a traffic arrangement between said two companies set out in full in this record. POINTS AND AUTHORITIES. (1) The peremptory instruction asked for should have been, given. L. & N. R. R. Co. v. C. & O. Ry. Co., 21 Ky. Law Rep., 875; Roth v. C. & O.…
1Opinion of the Court
Opinion or the court by
JUDGE HOBSON
Reversing.
On February 24, 1899, Rasmus Breeden, appellee’s intestate, was killed by collision with a train of the Chesapeake and Ohio Railway Company at a, public crossing near Ducker’s, in Woodford county, on the track of the appellant, the Louisville & Nashville Railroad 'Company, and this action was brought to recover damages for MS’ death. There was a verdict and judgment in favor of the plaintiff for $5,000, and the defendant appeals.
The proof shows that the intestate and another mam were riding in a buggy on the turnpike, leading a horse behind the…
2Cases cited7 opinions
- Louisville & N. R. R. Co. v. Cummins' Admr.Court of Appeals of Kentucky · 1901
- Louisville & Nashville Railroad v. Clark's AdministratorCourt of Appeals of Kentucky · 1899
- Harper v. Newport News & Mississippi Valley Co.Court of Appeals of Kentucky · 1890
- Chesapeake & O. Ry. Co v. GunterCourt of Appeals of Kentucky · 1900
- Caruthers v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Kansas · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Louisville & I. R. v. SchuesterCourt of Appeals of Kentucky · 1919
- Piersall's Administrator v. Chesapeake & Ohio Railway Co.Court of Appeals of Kentucky · 1918
- Louisville & Nashville Railroad v. Treanor's AdministratorCourt of Appeals of Kentucky · 1918
- Louisville & Nashville Railroad v. Locker's AdministratorsCourt of Appeals of Kentucky · 1918
- Louisville & Nashville Railroad v. Parks' AdministratorCourt of Appeals of Kentucky · 1913
8 more not listed; retrieve them via the Exa API.