Chesapeake & Ohio Ry. Co. v. Nipp's Adm'x
Court of Appeals of Kentucky
CASE 7. — ACTION BY GEORGE NIPP’S ADMINISTRATRIX AGAINST THE CHESAPEAKE & OHIO RY. CO., FOR DAMAGES FOR CAUSING THE DEATH OF PLAINTIFF’S INTESTATE. Appeal from Carter Circuit Court. S. Gr. Kinner, Circuit Judge. Judgment for plaintiff. Defendant appeals.
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CASE 7. — ACTION BY GEORGE NIPP’S ADMINISTRATRIX AGAINST THE CHESAPEAKE & OHIO RY. CO., FOR DAMAGES FOR CAUSING THE DEATH OF PLAINTIFF’S INTESTATE. Appeal from Carter Circuit Court. S. Gr. Kinner, Circuit Judge. Judgment for plaintiff. Defendant appeals. PROPOSITIONS AND AUTHORITIES. 1. There was a clear variance between the plaintiff’s case as alleged in the pleadings and as developed in the evidence. 2. The fact tha-t persons make an unauthorized use of a portion of a railroad right of way, with the knowledge or acquiescence of the company, does not constitute them licensees, nor impose…
1Opinion of the Court
Opinion of the Court by
John D. Carroll, Commissioner
Reversing.
In October, 1901, George Nipp was struck and instantly killed by one of appellant’s trains at a place known as the “Highland Stone Crasher,” in Carter county. A trial in the circuit court resulted in a verdict and judgment in favor of the appellee for $1,000, from which this appeal is prosecuted.'
The stone crusher is situated about 20 feet south of the main track on the inside of a sharp curve in the track east of Olive Hill and between that town and the summit of Corey Hill. There is a heavy downgrade from the top of Corey Hill by…
2Cases cited6 opinions
- Brown's Admr. v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1895
- Shufelt v. Flint & Pere Marquette RailroadMichigan Supreme Court · 1893
- Horn v. BaltimoreCourt of Appeals for the Sixth Circuit · 1893
- L. & N. R. R. v. Redmon's Admx.Court of Appeals of Kentucky · 1906
- Baltimore & O. R. v. BaldwinCourt of Appeals for the Sixth Circuit · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Fleenor v. Oregon Short Line RailroadIdaho Supreme Court · 1909
- So. Ry. Co. v. StewartSupreme Court of Alabama · 1912
- Louisville & Nashville Railroad v. HortonCourt of Appeals of Kentucky · 1920
- Willis' Administratrix v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1915
- Southern Railway Co. v. SandersCourt of Appeals of Kentucky · 1911
34 more not listed; retrieve them via the Exa API.