Louisville & N. R. R. v. Hall
Court of Appeals of Kentucky
Case 69 — Action by W. H. Hail against the L. & N. R. R. Co. to Recover Damages for Personal Injuries. APPEAL FROM BULLITT CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals.
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Case 69 — Action by W. H. Hail against the L. & N. R. R. Co. to Recover Damages for Personal Injuries. APPEAL FROM BULLITT CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. POINTS AND AUTHORITIES DISCUSSED. 1. Tlhe great preponderance of the evidence shows that appellee was not in the performance of any duty to the company when- he was injured, but was wrongfully riding on appellant’s train, in the pursuit of his own private- devices and desires-, and in disregard -of the rules of, and contrary to h-is duty to-, the appellant. 2. Even on- appellee’s own testimony he was guilty of…
1Opinion of the Court
Opinion on? the court by
JUDGE BURNAM
Reversing.
The appellee, W. H.' Hall, was one of a gang of laborers employed by the appellant, the Louisville & Nashville Railroad Company, to perform such services as might be necessary about the coal bins from which it supplied its engines with coal at Lebanon Junction. "The bins are about 800 feet in length, and are built along a side track, on which appellant operated three large, -portable coal chutes, from which the tenders of the engines were loaded. On the 15th of August, 1899, the appellee, Hall,- came in contact with one of these coal chutes whilst…
2Cases cited9 opinions
- Wood v. CarpenterSupreme Court of the United States · 1879
- Central Passenger Railway Co. v. KuhnCourt of Appeals of Kentucky · 1888
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- Kellar v. StanleyCourt of Appeals of Kentucky · 1887
- L. & N. R. R. v. Smith's Adm'rCourt of Appeals of Kentucky · 1888
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