Cin., N. O. & T. P. Ry. Co. v. Evans' Admr.
Court of Appeals of Kentucky
CASE 16 — ACTION FOR NEGLIGENT DEATH BY LOGAN EVANS’ ADMR. AGAINST THE CINCINNATI, NEW ORLEANS & TEXAS PACIFIC RAILWAY AND ANOTHER. — May 27. Appeal from Pulaski Circuit Court. M. L. Jarvis, Circuit Judge.
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CASE 16 — ACTION FOR NEGLIGENT DEATH BY LOGAN EVANS’ ADMR. AGAINST THE CINCINNATI, NEW ORLEANS & TEXAS PACIFIC RAILWAY AND ANOTHER. — May 27. Appeal from Pulaski Circuit Court. M. L. Jarvis, Circuit Judge. Judgment for plaintiff, defendant appeals — POINTS AND AUTHORITIES. 1. It was prejudicial error for appellee to refuse to state his claim and the evidence by which it was expected to sustain it, and for the court to refuse to require him to do so and require the trial to proceed. (Civil Code of Practice section 317, subsection 1.) 2. It was error after sustaining the motion of appellant’s…
1Opinion of the Court
Opinion of the Court by
Judge Hobson —
Reversing.
Logan Evans was a brakeman on a freight train in the service of the Cincinnati, New Orleans & Texas Pacific Railway Company. When the train reached a station called Flat Rock, the conductor was notified by the station agent to move a car which stood on the side track, and put it at another point for loading. There were 10 or 12 cars in front of this car. So, to do wha.t was wanted, they cut the engine off from the train, and went in with it on the side track and coupled to the cars. They then pulled out these cars, having the car they wanted to…
2Cases cited6 opinions
- Insurance Co. v. MosleySupreme Court of the United States · 1869
- Whitcomb v. SmithsonSupreme Court of the United States · 1900
- Louisville & N. Railroad v. Molloy's Admx.Court of Appeals of Kentucky · 1906
- McLeod v. Ginther's adm'rCourt of Appeals of Kentucky · 1882
- Dudley v. Illinois Cent. Ry.Court of Appeals of Kentucky · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Consolidated Coach Corporation v. Earl's Adm'rCourt of Appeals of Kentucky (pre-1976) · 1936
- Louisville & Nashville Railroad v. Strange's AdministratrixCourt of Appeals of Kentucky · 1913
- Louisville Ry. Co. v. Johnson's Admr.Court of Appeals of Kentucky · 1909
- Hamilton v. . R. R.Supreme Court of North Carolina · 1931
- Honaker v. CrutchfieldCourt of Appeals of Kentucky (pre-1976) · 1933
16 more not listed; retrieve them via the Exa API.