Illinois Central R. R. v. Watson's Admr.
Court of Appeals of Kentucky
Case 40 — Action by Harry Watson’s Admr. against the I. C. R. R. Co. for Causing the Death of Plaintiff’s Intestate.— APPEAL FROM M’ CRACKEN CIRCUIT COURT. Judgment for Plaintiff and Dependant Appeals POINTS AND AUTHORITIES. 1. Excessive verdict. L. & N, R. R. Co. v. .Shivell, 13 Ky.
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Case 40 — Action by Harry Watson’s Admr. against the I. C. R. R. Co. for Causing the Death of Plaintiff’s Intestate.— APPEAL FROM M’ CRACKEN CIRCUIT COURT. Judgment for Plaintiff and Dependant Appeals POINTS AND AUTHORITIES. 1. Excessive verdict. L. & N, R. R. Co. v. .Shivell, 13 Ky. Law Rep., 902; Standard Oil Co. v. Tierney, 92.Ky., 367, 381; Standard Oil Co. v. Tierney, 96 Ky., 89; L. S. R. R. Co. v. ■Minogue, 90 Ky., 369; L. & N. R. R. Co. v. Creighton, 106 Ky., 42, s. c. 20 Ky. Law Rep., 1692. 2. The testimony was incompetent, because hearsay; conjecture, etc. Williams v. R. R. Co., 96…
1Opinion of the Court
Opinion of the coubt by
JUDGE HOBSON
Reversing.
Harry Watson, a little boy nine years old, was killed in Paducah by a rick of staves which were knocked over upon him by a car of the Illinois ‘Central Railroad Company, which became derailed and ran against the staves. This suit was filed by his personal representative to recover for his death, on the ground that it was caused by the negligence *378■of the defendant. The track of the railroad was curved. The outer rail was not raised, as it should have been, to keep the outer wheel from jumping off the track as it passed around the curve. The track…
2Cases cited5 opinions
- Woolwine's Adm'r v. Ches. & O. R'y Co.West Virginia Supreme Court · 1892
- Holland v. SparksSupreme Court of Georgia · 1894
- Cumberland Telegraph & Telephone Co. v. Martin's Admr.Court of Appeals of Kentucky · 1903
- Louisville & Nashville R. R. v. CreightonCourt of Appeals of Kentucky · 1899
- Dillon v. Connecticut River RailroadMassachusetts Supreme Judicial Court · 1891
3Cited by6 opinions
- West Kentucky Coal Co. v. Shoulders' AdministratorCourt of Appeals of Kentucky (pre-1976) · 1930
- Louisville Ry. Co. v. Johnson's Admr.Court of Appeals of Kentucky · 1909
- Union Transfer & Storage Co. v. Fryman's Adm'rCourt of Appeals of Kentucky (pre-1976) · 1947
- Kentucky Traction & Terminal Co. v. GrimesCourt of Appeals of Kentucky · 1917
- Pendergrass v. Swiss Oil CorporationCourt of Appeals of Kentucky (pre-1976) · 1926
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