Williams v. Louisville & N. R. R. Co.
Court of Appeals of Kentucky
Case 91 — Action to Recover Damages for Personal Injuries— APPEAL FROM FAYETTE CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. It is alleged in the petition that the defendant operated a Tailroad between Louisville and Lexington, Ky., and had an engine yard at Lexington situated in a low dark place in which, near a thoroughfare used by defendant, was located an ash-pit twenty feet long, four feet wide, and three and one-half feet deep.
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Case 91 — Action to Recover Damages for Personal Injuries— APPEAL FROM FAYETTE CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. It is alleged in the petition that the defendant operated a Tailroad between Louisville and Lexington, Ky., and had an engine yard at Lexington situated in a low dark place in which, near a thoroughfare used by defendant, was located an ash-pit twenty feet long, four feet wide, and three and one-half feet deep. No guards were kept about said pit or other means of protection to its employes, no light or other signal of danger or warning in the night time;,…
1Opinion of the Court
Opinion of the court by
JUDGE BURNAM
Affirming.
Appellant alleges, in substance, that in appellee’s engine and switch-yard at Lexington, Ky., there is an ash pit twenty feet long, four feet wide, and three and one-half feet deep, located near one of the main thoroughfares in the yard, which is used as a receptacle for cinder and ashes which were removed from the fire boxes of their engines; that it was entirely without guards or other protection; that on the night of the 7th of November, 1898, while engaged in his duties as an employe of appellee in the yard, he fell into said ash pit, and was…
2Cases cited1 opinion
- Bogenschutz v. SmithCourt of Appeals of Kentucky · 1886
3Cited by15 opinions
- L. & N. R. R. v. IrbyCourt of Appeals of Kentucky · 1910
- Republic Life & Accident Insurance v. HatcherCourt of Appeals of Kentucky (pre-1976) · 1932
- Glenn v. Cincinnati, New Orleans & Texas Pacific Railway Co.Court of Appeals of Kentucky · 1914
- Lexington Railway Co. v. CropperCourt of Appeals of Kentucky · 1911
- Whitson v. American Bridge Co.Court of Appeals of Kentucky · 1914
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