Louisville & N. R. R. v. Davis
Court of Appeals of Kentucky
Case 32 — Action by W. E. Davis against L. & N. R. R. Co. for Personal Injuries. APPEAL FROM EDMONSON CIRCUIT COURT. Judgment fo Plaintiff and Defendant Appeals. POINTS AND CITATIONS. 1. Plaintiff fails to make out his case if he shows merely a state of facts which is quite as consistent with the theory that ordinary care was used as with'the theory that there was a lack of such care. Wintuska v. L. & N. R. R. Co, 14 Rep, 579; Hughes v. Cincinnati, &c.
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Case 32 — Action by W. E. Davis against L. & N. R. R. Co. for Personal Injuries. APPEAL FROM EDMONSON CIRCUIT COURT. Judgment fo Plaintiff and Defendant Appeals. POINTS AND CITATIONS. 1. Plaintiff fails to make out his case if he shows merely a state of facts which is quite as consistent with the theory that ordinary care was used as with'the theory that there was a lack of such care. Wintuska v. L. & N. R. R. Co, 14 Rep, 579; Hughes v. Cincinnati, &c. R. R. Co, 91 Ky, 526;. Louisville Gas Co. v. Kaufman Straus & Co, 20 R, 1069; L. & N. R. R. Co. v. Wathen, 22'Rep, 82. 2. To make out a case…
1Opinion of the Court
Opinion op the court bt
JUDGE HOBSON
Affirming.
Appellee, W. E. Davis, on December 22,1900, was a track walker in tbe service of appellant on its section near Rocky Hill station. As be was going along tbe track in tbe discharge of bis duty, be saw a train coming, and got to one side, as usual When the train was something like 200 yards, from him, be beard a rattling, and saw rocks throwing out. He then aimed to get further away, and as be turned around tbe rocks hit him in tbe iside, on the leg, and up in the back before he had time to get away. The train was going south, running something like…
2Cases cited2 opinions
- Barnowsky v. HelsonMichigan Supreme Court · 1891
- Howser v. Cumberland & Pennsylvania RailroadCourt of Appeals of Maryland · 1894
3Cited by5 opinions
- Droppelman v. WillinghamCourt of Appeals of Kentucky (pre-1976) · 1943
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. Claybourne's AdministratorCourt of Appeals of Kentucky · 1916
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. Strunk's AdministratrixCourt of Appeals of Kentucky · 1915
- Tilley v. BellCourt of Appeals of Kentucky · 1972
- Johnson v. Bates & Rogers Construction Co.Court of Appeals of Kentucky · 1916