Louisville Ry. Co. v. Byers
Court of Appeals of Kentucky
CASE 57. — ACTION BY FRANK BYERS’ ADMINISTRATRIX AGAINST THE LOUISVILLE RAILWAY COMPANY FOR CAUSING THE DEATH OF HER INTESTATE.— - Appeal from Jefferson Circuit Court (Common Pleas Branch, Third Division). Matt O’Doherty, Judge. Judgment for plaintiff.
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CASE 57. — ACTION BY FRANK BYERS’ ADMINISTRATRIX AGAINST THE LOUISVILLE RAILWAY COMPANY FOR CAUSING THE DEATH OF HER INTESTATE.— - Appeal from Jefferson Circuit Court (Common Pleas Branch, Third Division). Matt O’Doherty, Judge. Judgment for plaintiff. Defendant appeals. — Although appellant in the lower court relied upon a number of grounds upon which it should have been granted a new trial, upon this appeal it will confine itself to but two grounds on which it relies and will expect that the judgment be reversed. These grounds are as follows: 1. That the court erred in instruction No. 1…
1Opinion of the Court
Opinion of the Court by
Judge Settle —
Reversing.
Appellee recovered of appellant in the court below a verdict and judgment of $3,500 by way of* damages for the death of her intestate Frank Byers, alleged to have been caused by the negligence of appellant’s servants in operating one of its electric street cars at an unusual and dangerous rate of speed upon and over one of the principal streets of the city of Louisville. The appellant was refused a new trial, and has appealed.
The answer of appellant contained a traverse and plea of contributory negligence. The material facts were that the…
2Cases cited2 opinions
- Mussellam v. Cincinnati, N. O. & T. P. Ry. Co.Court of Appeals of Kentucky · 1907
- Louisville Ry. Co. v. HutchcraftCourt of Appeals of Kentucky · 1907
3Cited by11 opinions
- Walter v. Louisville Railway Co.Court of Appeals of Kentucky · 1912
- Louisville Ry. Co. v. GaughCourt of Appeals of Kentucky · 1909
- Louisville Railway Co. v. Broaddus' AdministratorCourt of Appeals of Kentucky · 1918
- Hymarsh's Admr. v. Paducah Traction Co.Court of Appeals of Kentucky · 1912
- Louisville & Interurban Railroad v. MorganCourt of Appeals of Kentucky · 1917
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