Louisville & Nashville Railroad v. Bennett

Opinion of the Court by

Judge Thomas

Affirming.

*446By this suit the appellee and plaintiff below sought to .recover from the appellant and defendant below $1,000.00 damages resulting from defendant’s violation of its contract with plaintiff to safely carry him as a passenger on one of its trains from Owensboro, Kentucky, to Utica, Kentucky, a distance of about eleven miles. The violation alleged was produced by a willful, unlawful and unjustifiable assault made upon plaintiff by defendant’s flagman after the former had boarded the car to be transported as indicated, and while the train was waiting…