Wickham's Adm'r v. Louisville & Nashville R R.
Court of Appeals of Kentucky
CASE 37 — ACTION BY JOHN WICKHAM’S ADMINISTRATOR AGAINST THE LOUISVILLE & NASHVILLE RAILROAD COMPANY FOR CAUSING THE DEATH OB' PLAINTIFF’S INTESTATE. — Appeal from Spencer Circuit Court. Chas. C. Marshall, Circuit Judge. Judgment for defendant, plaintiff appeals.
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CASE 37 — ACTION BY JOHN WICKHAM’S ADMINISTRATOR AGAINST THE LOUISVILLE & NASHVILLE RAILROAD COMPANY FOR CAUSING THE DEATH OB' PLAINTIFF’S INTESTATE. — Appeal from Spencer Circuit Court. Chas. C. Marshall, Circuit Judge. Judgment for defendant, plaintiff appeals. We assert that we were entitled to have the jury pass upon the question as to whether thirty-five miles an hour under the circumstances proven in the case at bar was a negligent rate of speed which was the proximate cause of Wickham’s death. The same rule, that is, that it is the duty of the railroad to moderate the speed of its…
1Opinion of the Court
Opinion of the Court bz
Wm. Rogers Clat, Commissioner
Affirming.
Appellant, J. W. Crume, as administrator of John Wickham, instituted this action against appellee, Louisville & Nashville Railroad Company, to recover damages for the destruction of the life of John Wick-*290ham. At the conclusion of all the testimony the court awarded appellee a peremptory instruction.
The deceased, John Wickham, was killed on April 29, 1908. At the time of his death he was 53 years of age. He was then in the employ of appellee in its South Louisville yards as day watchman, and had been working in that capacity for…
2Cases cited5 opinions
- Illinois Central Ry. Co. v. Murphy's Admr.Court of Appeals of Kentucky · 1906
- Cin., N. O. & T. P. Ry. Co. v. Harrod's Admr.Court of Appeals of Kentucky · 1909
- Louisville & Nashville Railroad v. Taaffe's AdministratorCourt of Appeals of Kentucky · 1899
- Conniff v. Louisville, H. & St. L. Ry. Co.Court of Appeals of Kentucky · 1907
- Crawford's Adm'r v. Travelers' Ins.Court of Appeals of Kentucky · 1907
3Cited by14 opinions
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. Swann's AdministratrixCourt of Appeals of Kentucky · 1914
- L. & N. R. R. v. Hunt's Admr.Court of Appeals of Kentucky · 1911
- Ellis's Administrator v. Louisville, Henderson & St. Louis Railway Co.Court of Appeals of Kentucky · 1913
- Hearell v. Illinois Central RailroadCourt of Appeals of Kentucky · 1919
- Louisville & Nashville Railroad v. Elmore's AdministratorCourt of Appeals of Kentucky · 1918
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