Legal Opinion

Louisville & N. R. R. Co. v. Breeden's Adm'x.

Court of Appeals of Kentucky

Decided October 11, 1901PublishedCited by 13 opinions

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

  1. Louisville & N. R. R. Co. v. Cummins' Admr.Court of Appeals of Kentucky · 1901
  2. Louisville & Nashville Railroad v. Clark's AdministratorCourt of Appeals of Kentucky · 1899
  3. Harper v. Newport News & Mississippi Valley Co.Court of Appeals of Kentucky · 1890
  4. Chesapeake & O. Ry. Co v. GunterCourt of Appeals of Kentucky · 1900
  5. 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

  1. Louisville & I. R. v. SchuesterCourt of Appeals of Kentucky · 1919
  2. Piersall's Administrator v. Chesapeake & Ohio Railway Co.Court of Appeals of Kentucky · 1918
  3. Louisville & Nashville Railroad v. Treanor's AdministratorCourt of Appeals of Kentucky · 1918
  4. Louisville & Nashville Railroad v. Locker's AdministratorsCourt of Appeals of Kentucky · 1918
  5. Louisville & Nashville Railroad v. Parks' AdministratorCourt of Appeals of Kentucky · 1913

8 more not listed; retrieve them via the Exa API.

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