Legal Opinion

Louisville & Nashville R. R. v. Reaume

Court of Appeals of Kentucky

Decided February 6, 1908PublishedCited by 17 opinions

CASE 10. — PERSONAL INJURY ACTION BY EMMA EEAUME AGAINST THE LOUISVILLE & NASHVILLE E. E. CO. — Appeal from Kenton Circuit Court. M. L. Harbbson, Circuit Judge. Judgment for plaintiff, defendant appeals — POINTS DISCUSSED AND AUTHORITIES CITED. 1. The damages are grossly excessive. Under the instructions of the court, the jury were permitted to award only compensatory damages. (Louisville So. Ry. Co. v. Minogue, 90 Ky. 369; L. &. N. R. Co. v. Wathen, 22 Ky.

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CASE 10. — PERSONAL INJURY ACTION BY EMMA EEAUME AGAINST THE LOUISVILLE & NASHVILLE E. E. CO. — Appeal from Kenton Circuit Court. M. L. Harbbson, Circuit Judge. Judgment for plaintiff, defendant appeals — POINTS DISCUSSED AND AUTHORITIES CITED. 1. The damages are grossly excessive. Under the instructions of the court, the jury were permitted to award only compensatory damages. (Louisville So. Ry. Co. v. Minogue, 90 Ky. 369; L. &. N. R. Co. v. Wathen, 22 Ky. Law Rep. 85; South Covington & C. St. Ey. Co. v. Ware, 84 Ky. 267; Southern Ry. Co. in Ky. v. Goddard, 28 Ky. Law Rep. 523, 30 Ky. Law…

1Opinion of the Court

Opinion op the Court by

Judge Carroll

Reversing.

Appellee, who was a passenger on one of appellant’s trains, was injured by the derailment of the train at a point; near Zion station on the line of its railroad between Cincinnati and Louisville. In an action brought by her to recover damages for injuries received the jury returned a verdict in her favor for $10,000.

A number of errors alleged to have been committed by the trial court are relied on as ground for reversal; but we will not notice any of them at length, except the one relating to the amount of damages awarded. The instructions are…

2Cases cited2 opinions

  1. Illinois Central Ry. Co. v. HouchinsCourt of Appeals of Kentucky · 1905
  2. Louisville Southern Railroad v. MinogueCourt of Appeals of Kentucky · 1890

3Cited by17 opinions

  1. Fishleigh v. Detroit United RailwayMichigan Supreme Court · 1919
  2. Louisville & Nashville Railroad v. Rowland's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1929
  3. L. & N. R. R. Co. v. PayneCourt of Appeals of Kentucky · 1909
  4. Shields' Admrs. v. RowlandCourt of Appeals of Kentucky · 1912
  5. Stewart v. CommonwealthCourt of Appeals of Kentucky · 1919

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