Legal Opinion

Favre v. Louisville & Nashville Railroad

Court of Appeals of Kentucky

Decided May 16, 1891PublishedCited by 5 opinions

Case 100 — PETITION ORDINARY — APPEAL PROM JEPPERSON COURT OP COMMON PLEAS. 1. When one company runs its trains over the defective road of another the former is responsible. (2 Rorer on Railroads, 1118; 2 Redfield on Railways, 329; Central Railroad v. Kanouse, 39 111., 272.) 2. Appellant’s negligence is no justification of injury perpetrated by appellee if, by reasonable care and prudence on the part of appellee, the injury could have been avoided.

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Case 100 — PETITION ORDINARY — APPEAL PROM JEPPERSON COURT OP COMMON PLEAS. 1. When one company runs its trains over the defective road of another the former is responsible. (2 Rorer on Railroads, 1118; 2 Redfield on Railways, 329; Central Railroad v. Kanouse, 39 111., 272.) 2. Appellant’s negligence is no justification of injury perpetrated by appellee if, by reasonable care and prudence on the part of appellee, the injury could have been avoided. (Yandell v. L. & N. R. Co., 17 B. M., 598; L. & N. R. Co. v. Collins, 2 Duv., 116; L. & N. R. Co. v. Sickings, 5 Bush, 10; L. & N. R. Co. v.…

1Opinion of the Court

JUDGE LEWIS

DELIVERED THE OPINION OP THE COURT.

Appellant stated in his petition, to which a general demurrer was sustained, substantially: That appellee agreed to transport in its passenger cars from Louisville, over a route and on roads of other companies described, to the city of New York, State of New York, a military organization, of which he was then a member; that while traveling in appellee’s cars under the agreement mentioned, occupying in the usual manner a seat in one of them, he “allowed his hand to protrude a short distance, not more than eight or ten inches, out of the window…

2Cases cited3 opinions

  1. Paducah & Memphis R. R. v. HoehlCourt of Appeals of Kentucky · 1876
  2. Kentucky Central Railroad v. Thomas' adm'rCourt of Appeals of Kentucky · 1880
  3. Louisville & Nashville Railroad v. SickingsCourt of Appeals of Kentucky · 1869

3Cited by5 opinions

  1. Layne v. Chesapeake & Ohio Ry. Co.West Virginia Supreme Court · 1909
  2. Clarke's Administrator v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1897
  3. Benedict v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1902
  4. Knauss v. Lake Erie & Western RailroadIndiana Court of Appeals · 1902
  5. Herrera v. ValdésDistrict Court, D. Puerto Rico · 1909

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