Legal Opinion

Willis v. K. & I. Bridge Co.

Court of Appeals of Kentucky

Decided June 18, 1898PublishedCited by 11 opinions

Case 26 — PETITION ORDINARY APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION, 1. It was error to overrule a demurrer to the petition and then instruct the jury peremptorily to find for the defendants after the plaintiff had proved the substantive averments of the petition. 2. Plaintiff had a right to recover against defendants for damages caused by the prudent operation of their trains. Exodus, chap. 6, verse 22; Lou. So. R. R. v. Cogar, 15 Ky.

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Case 26 — PETITION ORDINARY APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION, 1. It was error to overrule a demurrer to the petition and then instruct the jury peremptorily to find for the defendants after the plaintiff had proved the substantive averments of the petition. 2. Plaintiff had a right to recover against defendants for damages caused by the prudent operation of their trains. Exodus, chap. 6, verse 22; Lou. So. R. R. v. Cogar, 15 Ky. Law Rep., 444; Kentucky Constitution; Henderson Belt R. R. Co. v. Dechamp, 95 Ky., 225; Elizabethtown, &c., v. Combs, 10 Bush, 382; Kemper,…

1Opinion of the Court

JUDGE PAYNTER

delivered the opinion of the court.

The appellant, Willis, does not seek to recover damages to property which abuts on a street along which the tracks of the appellees are constructed; but his house, which he claims is damaged, is situated on a lot fronting on Montgomery street, in Parkland, across which the railroad track diagonally passes at a point about 75 feet from the house, and continues a southeast course until it passes the house at a point about 150 feet from it. The several tracks of the appellees are so constructed that the track we have described and other tracks form…

2Cases cited5 opinions

  1. Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
  2. Lexington & Ohio Rail Road v. ApplegateCourt of Appeals of Kentucky · 1839
  3. Jeffersonville, Madison & Indianapolis R. R. v. EsterleCourt of Appeals of Kentucky · 1878
  4. Cosby v. Owensboro & Russellville R. R.Court of Appeals of Kentucky · 1874
  5. Newport & Cincinnati Bridge Co. v. FooteCourt of Appeals of Kentucky · 1872

3Cited by11 opinions

  1. Rainey v. Red River, Texas & Southern Railway Co.Texas Supreme Court · 1905
  2. Chesapeake & Ohio Railway Co. v. Wadsworth Electric Manufacturing Co.Court of Appeals of Kentucky (pre-1976) · 1930
  3. Thomason v. RailroadSupreme Court of North Carolina · 1906
  4. Commonwealth v. Ill. Cent. R. R.Court of Appeals of Kentucky · 1910
  5. Choctaw, O. G. R. Co. v. DrewSupreme Court of Oklahoma · 1913

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