Legal Opinion

Smith v. Southern Railway Co.

Court of Appeals of Kentucky

Decided December 17, 1909PublishedCited by 10 opinions

CASE 16 — ACTION BY 'GEORGE W. SMITH AGAINST THE SOUTHERN RAILWAY COMPANY AND ANOTHER. — Appeal from Whitley Circuit Court. M. J. Mossj Circuit Judge. From a judgment of dismissal plaintiff appeals.—

1Opinion of the Court

Opinion of the Court by

Judge Settle

— Reversing.

*163In this action, instituted in the Whitley circuit court, the appellant, George W. Smith, sought to re cover of the appellees Southern Railway Company and Louisville & Nashville Railroad Company $1,000 damages for the destruction by an explosion of dynamite or nitroglycerine óf a house of which he was the owner; it being charged in the petition that the destruction of the house was caused by the negligence of appellees, their agents and servants, in leaving for 12 hours on a track of their depot yard and near appellant’s house in the city of…

2Cases cited8 opinions

  1. Livingston v. JeffersonU.S. Circuit Court for the District of Virginia · 1811
  2. RUNDLE v. Delaware and Raritan Canal CompanySupreme Court of the United States · 1853
  3. Commonwealth v. JonesCourt of Appeals of Kentucky · 1904
  4. Armendiaz v. StillmanTexas Supreme Court · 1881
  5. Rundle v. Delaware & R. CanalU.S. Circuit Court for the District of Eastern Pennsylvania · 1849

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3Cited by10 opinions

  1. Lyle v. WaddleTexas Supreme Court · 1945
  2. Peaslee-Gaulbert Co. v. McMath's Admr.Court of Appeals of Kentucky · 1912
  3. Drainage Dist. 7 of Poinsett County v. HutchinsSupreme Court of Arkansas · 1931
  4. Montesano Lumber Co. v. Portland Iron WorksOregon Supreme Court · 1915
  5. Melton's Administrator v. Southern Railway Co.Court of Appeals of Kentucky (pre-1976) · 1930

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