Legal Opinion

Long's Admr. v. Illinois Central R. R.

Court of Appeals of Kentucky

Decided June 14, 1902PublishedCited by 18 opinions

Case 97 — Action by Jesse Long’s Admr. to Recover Damages for the Death of Plaintiff’s Intestate. APPEAL FROM HARDIN CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. This is an appeal from a verdict and judgment entered under and in conformity to a peremptory instruction erroneously given a's I contend, and from an order denying a motion for a new trial.

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Case 97 — Action by Jesse Long’s Admr. to Recover Damages for the Death of Plaintiff’s Intestate. APPEAL FROM HARDIN CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. This is an appeal from a verdict and judgment entered under and in conformity to a peremptory instruction erroneously given a's I contend, and from an order denying a motion for a new trial. Jesse Long, a section hand, was killed by a fast passenger train, going north at a very rapid speed, and overtaking and striking a hand car on which deceased was riding in the same' direction under the order and direction of his…

1Opinion of the Court

Opinion of the court by

JUDGE HOBSON

-Reversing.

Appellant filed this suit to recover damages for the loss of life of his intestate by reason of the alleged negligence *808of appellee, and ai the conclusion of the evidence on both sides the eou'ri instructed the jury peremptorily to find for the' defendant, although he had overruled this motion at the cdose of the plaintiff’s testimony. The intestate was a section hand in the service of appellee, working under a boss whose name was Kron. ITe had been working for the company about three, days at the time, of his death, although it would appear from…

2Cited by18 opinions

  1. Republic Iron & Steel Co. v. BerkesIndiana Supreme Court · 1904
  2. Pullman Co. v. GellerCourt of Appeals of Kentucky · 1908
  3. Ives v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1906
  4. Louisville Water Co. v. DarnellCourt of Appeals of Kentucky · 1920
  5. Ross-Paris Co. v. BrownCourt of Appeals of Kentucky · 1906

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