Jenkins v. Louisville & Nashville R. R.
Court of Appeals of Kentucky
Case 87 — ACTION FOR PERSONAL INJURY APPEAL FROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. The plaintiff was entitled to a submission of his case to the jury upon proof that the partition between the berths fell and struck him without any fault on his part upon the maxim, res ipsa loquitur.
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Case 87 — ACTION FOR PERSONAL INJURY APPEAL FROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. The plaintiff was entitled to a submission of his case to the jury upon proof that the partition between the berths fell and struck him without any fault on his part upon the maxim, res ipsa loquitur. Ray Negligence of Imposed Duties of Passenger Carriers, 691, 694, 698; Railroad Co. v. Walrath, 38 0. St., 461; White v. The Boston, &c., R. R. Co., 144 Mass., 404; Smith, v. British, &c., Packet Co., 16 Jones & S., 87; Same case, 86 N. Y., 408; Mullen v. St. John, 57 N. Y., 567; Seybolt, Admx., v.…
1Opinion of the Court
JUDGE BURNAM
delivered the opinion oe the court.
Appellant brought this suit against the Louisville & Nashville Railroad Company and the Pullman Palace Car-Company to recover damages for an injury alleged to have been sustained while he was a passenger on one of the railroad company's trains, and occupying a berth in the sleeping car of the Pullman Company. He had paid to the railroad company his fare from Nashville to Louisville, and had also paid for and been assigned a berth in a car of the Pullman Company; and he alleges that, while occupying his seat therein and leaning forward engaged in.…
2Cases cited4 opinions
- White v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1887
- L. & N. R. R. v. Howard's Adm'rCourt of Appeals of Kentucky · 1884
- Louisville & Portland R. R. v. SmithCourt of Appeals of Kentucky · 1866
- Hammill v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1892
3Cited by2 opinions
- Anderson v. Kansas City Railway Co.Supreme Court of Missouri · 1921
- Watson v. Pullman CompanyCourt of Appeals of Kentucky (pre-1976) · 1931