Becker v. L. & N. R. R.
Court of Appeals of Kentucky
■Case 52 — Action for Damages for Personal Injuries — APPEAL FROM LINCOLN CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. The only question to be determined on this appeal is the correctness of the ruling -of the court in giving peremptory instructions to the jury to find for the defendant at the close of plaintiff’s testimony.
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■Case 52 — Action for Damages for Personal Injuries — APPEAL FROM LINCOLN CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. The only question to be determined on this appeal is the correctness of the ruling -of the court in giving peremptory instructions to the jury to find for the defendant at the close of plaintiff’s testimony. The plaintiff, a lad of seventeen years of age, in company with Mary Vanarsdall, a girl of twelve years of age, and some other younger children, was crossing appellee’s bridge in Lincoln county over Knob Lick creek, and had gotten half way across when he…
1Opinion of the Court
Opinion op the court by
JUDGE GUFFY
Reversing.
It is substantially alleged in the petition that one Mary Vanarsdale, an infant between twelve and fourteen years of age, was upon the railroad bridge of the defendant at said time and plaee, and in front of said approaching train, and in great danger and peril of being run over by said train, and was placed in said danger and peril aforesaid by the. gross negligence of defendant in failing to slacken said speed of said train after it became aware of her presence on said track and bridge, and by the gross negligence of the defendant in failing to…
2Cited by41 opinions
- Louisville & Nashville Railroad v. Mann's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1929
- McClanahan v. Vicksburg, S. & P. Ry. Co.Supreme Court of Louisiana · 1902
- Willis' Administratrix v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1915
- Dixon v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1910
- Kambour v. Boston & Maine RailroadSupreme Court of New Hampshire · 1913
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