L. & N. R. R. Co. v. Payne
Court of Appeals of Kentucky
Appeal from Marion Circuit Court. I. H. Thurman, Circuit Judge. Judgment for plaintiff:, defendant appeals. POINTS AND AUTHORITIES. . 1. The verdict is not sustained by sufficient evidence, but is flagrantly and palpably against the weight of the evidence upon three material findings, viz: (a) That appellant was guilty of negligence.
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Appeal from Marion Circuit Court. I. H. Thurman, Circuit Judge. Judgment for plaintiff:, defendant appeals. POINTS AND AUTHORITIES. . 1. The verdict is not sustained by sufficient evidence, but is flagrantly and palpably against the weight of the evidence upon three material findings, viz: (a) That appellant was guilty of negligence. I. C. R. R. Go. v. Jolly (Ky.) 78 S. W!. 477; L. H. & St. L. R. R. Co. v. Jolly’s Admrx (Ky.) 90 S. W.-977; L. & N. R. R. Co.v.McGary’sAdm’r (Ky.) 47 S. W. 440; L. & N. R. R. Co. v.Hurt, 116 Ky. 5,53; L. & E. Mail Company v. Gilliland (Ky.) 72 S. W. 1101; L. & N.…
1Opinion of the Court
Opinion op the Court by
Judge Lassing.
Reversing.
This is the second appeal of this case. The opinion on the former appeal is found in 104 S. W. 752. As the facts are fully stated in that opinion, they are not restated here. Upon the return of th'e case a trial was *541had, which resulted in a verdict for $1,000 in favor' of the plaintiff, and to reverse the judgment predicated on that verdict this appeal is prosecuted.
Four grounds are relied upon for reversal: First, that the verdict is flagrantly against the evidence; second, that the court erred in admitting incompetent eAÚdence; third, because…
2Cases cited1 opinion
- Louisville & Nashville R. R. v. ReaumeCourt of Appeals of Kentucky · 1908
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- Sand Hill Energy, Inc. v. SmithKentucky Supreme Court · 2004
- Louisville & Nashville Railroad v. Rowland's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1929
- Shields' Admrs. v. RowlandCourt of Appeals of Kentucky · 1912
- Pearson v. Birmingham Transit CompanySupreme Court of Alabama · 1956
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