Hughes' Administrator v. Louisville & Nashville R. R.
Court of Appeals of Kentucky
Case 104 — ACTION FOR INJURY CAUSING DEATH APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. 1. Negligence — Peremptory Instruction. — In an action for negligence causing the death of plaintiff’s intestate, a brakeman on defendant’s freight train, it appeared that the decedent after going to the top of the caboose to remove a lantern was, in some manner, knocked from the ladder on the side of the caboose and killed.
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Case 104 — ACTION FOR INJURY CAUSING DEATH APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. 1. Negligence — Peremptory Instruction. — In an action for negligence causing the death of plaintiff’s intestate, a brakeman on defendant’s freight train, it appeared that the decedent after going to the top of the caboose to remove a lantern was, in some manner, knocked from the ladder on the side of the caboose and killed. The body was found on tjie track of the railroad where it crossed a bridge whose girders were some seventeen inches from the ladder of the caboose. A strip of the…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion of the court.
In September, 1894, the deceased, Ollie T. Hughes, was a brakeman on a freight train going South from Louisville. Immediately after leaving Belmont, and just after daylight, he as his duties required, left the caboose, and went *775up on top of it to remove a deck lantern. There were iron ladders on each side of it at the rear end. After getting the lantern, he started to go down the ladder provided ■for that purpose on the west side of the caboose, and whilst descending it, it is claimed, he was struck by the girders o.f the bridge over which the…
2Cases cited4 opinions
- Hughes v. Cincinnati, &c., RailroadCourt of Appeals of Kentucky · 1891
- Bogenschutz v. SmithCourt of Appeals of Kentucky · 1886
- Louisville & Nashville Railroad v. Ellis' Admr.Court of Appeals of Kentucky · 1895
- Cincinnati, R. Co. v. Sampson's Admr.Court of Appeals of Kentucky · 1895
3Cited by9 opinions
- Consolidated Coach Corporation v. Earl's Adm'rCourt of Appeals of Kentucky (pre-1976) · 1936
- Lockhart v. StateCourt of Criminal Appeals of Texas · 1908
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. MartinCourt of Appeals of Kentucky · 1912
- Sullivan v. Seattle Electric Co.Washington Supreme Court · 1908
- Siemer v. Chesapeake & Ohio Railway Co.Court of Appeals of Kentucky · 1918
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