Shelby's Adm'r v. Cincinnati, New Orleans & Texas Pacific R. R.
Court of Appeals of Kentucky
Case 32 — PETITION ORDINARY APPEAL FROM BOYLE CIRCUIT COURT. 1. The question as to the degree of the negligence was for the. jury and not the court to determine. (L„ C. & and L. R. R. Oo. v. Mahoney’s Adm’r, 7 Bush, 237.) '2. Under the circumstances appellant’s intestate was not guilty of contributory negligence in going upon the side-track. 3. If the negligence of the defendant was willful, tho contributory negligence of plaintiff, if any, is not a defense to the action.
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Case 32 — PETITION ORDINARY APPEAL FROM BOYLE CIRCUIT COURT. 1. The question as to the degree of the negligence was for the. jury and not the court to determine. (L„ C. & and L. R. R. Oo. v. Mahoney’s Adm’r, 7 Bush, 237.) '2. Under the circumstances appellant’s intestate was not guilty of contributory negligence in going upon the side-track. 3. If the negligence of the defendant was willful, tho contributory negligence of plaintiff, if any, is not a defense to the action. (7 Bush, 239.) •4. Even though tho negligence was not willful, contributory negligence can not bo relied on as a defense…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
This is an action by appellant to recover for the destruction of the life of his intestate, George Shelby, a boy about nine years of age, by the alleged willful negligence of the servants and agents of the •appellee.' And the question before us is, whether the lower court erred in giving, at the conclusion of the plaintiff’s evidence, a peremptory instruction to find for the defendant.
The intestate was killed by being run over by a box-car, on a side-track of appellee’s railroad, at •Junction City, in Boyle county, where the Louis*226ville and…
2Cases cited1 opinion
- Kentucky Central R. R. v. Gastineau's Adm'rCourt of Appeals of Kentucky · 1885
3Cited by30 opinions
- Louisville & Nashville R. R. v. McNary's AdmrCourt of Appeals of Kentucky · 1908
- Conley's Adm'r v. Cincinnati, New Orleans & Texas Pacific Railway Co.Court of Appeals of Kentucky · 1889
- Louisville & Nashville R. R. v. LoweCourt of Appeals of Kentucky · 1904
- Southern Ry. v. GoddardCourt of Appeals of Kentucky · 1905
- Louisville & Nashville Railroad v. Johnson's AdministratrixCourt of Appeals of Kentucky · 1914
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