South Cov. & Cin. St. Ry. Co. v. Physioc
Court of Appeals of Kentucky
CASE 22. — ACTION BY WILLIAM B. PHYSIOC AGAINST THE SOUTH COVINGTON & CINCINNATI STREET RY. CO., FOR DAMAGES FOR PERSONAL INJURY.— Appeal from Campbell Circuit Court. Albert S. Berry, Circuit Judge. Judgment for plaintiff. Defendant appeals. PROPOSITIONS ADVANCED AND AUTHORITIES CITED. 1. The court erred, in overruling demurrer to petition. (a) Things complained of not alleged to have been unknown t'o appellee.
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CASE 22. — ACTION BY WILLIAM B. PHYSIOC AGAINST THE SOUTH COVINGTON & CINCINNATI STREET RY. CO., FOR DAMAGES FOR PERSONAL INJURY.— Appeal from Campbell Circuit Court. Albert S. Berry, Circuit Judge. Judgment for plaintiff. Defendant appeals. PROPOSITIONS ADVANCED AND AUTHORITIES CITED. 1. The court erred, in overruling demurrer to petition. (a) Things complained of not alleged to have been unknown t'o appellee. (b) Curve and lurch not alleged to have been unnecessary, avoidable or unusual. (L. & N. R. R. Co- v. Morris, 23 R., 448.) 2. Reply is insufficient. Does not deny negligence on…
1Opinion of the Court
*155Opinion of the Court by
Judge Barker
Reversing.
On tlie 24th. day of March, 1903, the appellee, who lives in Newport, Ky., boarded a street car of the appellant company which was so crowded that he remained standing on the steps of the platform, and held on with his right hand to an upright iron bar fastened to the car, called in the record a “handhold,” in order to avoid falling or being thrown off. "While he was riding in this position, the conductor, who was inside the car when he boarded it, came to the rear door and called for his fare. Appellee had placed his fare in a pocket on the right…
2Cited by1 opinion
- South Covington & Cincinnati St. Ry. Co. v. HardyCourt of Appeals of Kentucky · 1913