Legal Opinion

Louisville & Nashville R. R. v. Hurst

Court of Appeals of Kentucky

Decided February 18, 1909PublishedCited by 4 opinions

Appeal from Campbell Circuit Court. A. S. Campbell and C. W. Yungblut, Successive Judges. Judgment for plaintiff. Defendant appeals.

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Appeal from Campbell Circuit Court. A. S. Campbell and C. W. Yungblut, Successive Judges. Judgment for plaintiff. Defendant appeals. POINTS DISCUSSED AND AUTHORITIES CITED. 1. In this action hy plaintiff to recover damages for having his foot mashed by the drawhead of a car, it is argued on behalf of defendant that plaintiff has not sustained by testimony the material averments of his petition; that the trial court erred in submitting the case to the jury, and in refusing to instruct the jury peremptorily to find for defendant. (I. C. R. Co. v. Broughton, 25 Ky. Law Rep. 1752; L. & N. R. R.…

1Opinion of the Court

Opinion of the Court by

Judge Hobson

Reversing.

Elcana Hurst was a laborer in the service of the Globe Roofing & Corrugating Company in Newport, Ky., which operated a roller mill, and had a switch track running into its yard from the railroad track of the Louisville & Nashville Railroad Company, on which ears were put into the yard and taken out as needed. In November, 1906, while Hurst was one day eating his dinner, two cars were pushed in on this switch track, and left standing there at a pit used for unloading bars of iron. After Hurst finished eating his dinner, and before the bell rang for…

2Cited by4 opinions

  1. Pittsburg, Cincinnati, Chicago & St. Louis Ry. Co. v. SchaubCourt of Appeals of Kentucky · 1910
  2. Hendrickson v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1910
  3. Payne v. Wallace's AdministratorCourt of Appeals of Kentucky · 1922
  4. St. Louis, Iron Mountain & Southern Railway Co. v. StovallSupreme Court of Arkansas · 1911

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