Louisville & Nashville R. R. v. Daniel
Court of Appeals of Kentucky
CASE 71. — PERSONAL INJJJRY ACTION BY LEWIS DANIEL AGAINST THE LOUISVILLE & NASHVILLE R. R. CO. Appeal from Hopkins Circuit Court. J. F. Gordon, Circuit Judge. Judgment for plaintiff, defendant appeals POINTS DISCUSSED AND AUTHORITIES CITED. 1. On this third appeal of this case, the testimony for the plaintiff is substantially weaker, arid that fot defendant is substantially stronger than on the former trials. (L. & N. R. R. Co. v. Daniel, 122 Ky. 256; Same v. Same, 31 Ky.
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CASE 71. — PERSONAL INJJJRY ACTION BY LEWIS DANIEL AGAINST THE LOUISVILLE & NASHVILLE R. R. CO. Appeal from Hopkins Circuit Court. J. F. Gordon, Circuit Judge. Judgment for plaintiff, defendant appeals POINTS DISCUSSED AND AUTHORITIES CITED. 1. On this third appeal of this case, the testimony for the plaintiff is substantially weaker, arid that fot defendant is substantially stronger than on the former trials. (L. & N. R. R. Co. v. Daniel, 122 Ky. 256; Same v. Same, 31 Ky. Law Rep. 944.) And, inasmuch as, on the trial from which this appeal is prosecuted it conclusively appeared from the…
1DissentLassing, J.
The opinion in tMs case, as is- conceded, upholds the judgment of the lower court, not because it is *700right, but because there have been three jury trials of the cáse, at each of which a verdict was returned in favor of the plaintiff. Two of the judgments based upon these verdicts were reversed. The first reversal was for errors of law, although' the court in that opinion said that the verdict was flagrantly against the evidence. The second reversal was because the verdict was. not sustained by the evidence. Upon this last appeal the court was again asked to set aside the verdict because it…
2Cases cited8 opinions
- Lane v. WalkerCalifornia Supreme Court · 1895
- Chase v. SwayneTexas Supreme Court · 1895
- Louisville & Nashville Railroad v. Graves' AssigneeCourt of Appeals of Kentucky · 1879
- Witte v. KoeppenSouth Dakota Supreme Court · 1899
- Robertson v. RobertsonCourt of Appeals of Kentucky · 1897
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