Legal Opinion

Louisville & Nashville R. R. v. Hocker

Court of Appeals of Kentucky

Decided October 9, 1901PublishedCited by 18 opinions

Case 77 — Action to Recover Damages for Personal Injuries— APPEAL PROM BOYLE CIRCUIT COURT. Judgment por Plaintipp and Dependan!: Appeals. At the time appellant was injured, he was employed as telegraph operator in appellant’s yard at Latonia. He left his office. to go to dinner, intending, as he says, to first go to the water closet used by the employes in the yards.' The way provided from his office- to the closet was down a screenings walk to.

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Case 77 — Action to Recover Damages for Personal Injuries— APPEAL PROM BOYLE CIRCUIT COURT. Judgment por Plaintipp and Dependan!: Appeals. At the time appellant was injured, he was employed as telegraph operator in appellant’s yard at Latonia. He left his office. to go to dinner, intending, as he says, to first go to the water closet used by the employes in the yards.' The way provided from his office- to the closet was down a screenings walk to. South avenue, crossing four or five tracks. At this point a watchman was stationed for -the protection of persons crossing. Plaintiff took a shorter…

1Opinion of the Court

Opinion of the court by

JUDGE BURNAM

Reversing.

This appeal is prosecuted from a judgment of the Boyle circuit court for $2,500 in favor of appellee for personal injuries received in the switch yard of appellant at Latonia in December, 1898, It appears from the testimony that there are 17 or 18 switch tracks in the yards at this point, which connect with the lead tracks, and that they are continuously used by day and night for switching and making up trains, four or five engines being constantly used for this purpose. Appellee was employed by the company as a train dispatcher and telegraph…

2Cases cited3 opinions

  1. Brown's Admr. v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1895
  2. Kentucky Central R. R. v. Gastineau's Adm'rCourt of Appeals of Kentucky · 1885
  3. McDermott v. Kentucky Central RailroadCourt of Appeals of Kentucky · 1892

3Cited by18 opinions

  1. Louisville & Nashville Railroad v. Johnson's AdministratrixCourt of Appeals of Kentucky · 1914
  2. Helm v. Cincinnati, New Orleans & Texas Pacific Railway Co.Court of Appeals of Kentucky · 1913
  3. Age's Administrator v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1912
  4. Louisville & N. R. R. v. Pendleton's Admr.Court of Appeals of Kentucky · 1907
  5. Chesapeake & Ohio Railway Co. v. Harmon's AdministratorCourt of Appeals of Kentucky · 1916

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