Ramsey v. Louisville, Cincinnati & Lexington Railway Co.
Court of Appeals of Kentucky
* 16 — PETITION ORDINARY APPEAL PROM JEFFERSON CIRCUIT COURT. 1. If, admitting all the evidence for plaintiff to be true, and every fact fairly deducible therefrom, the plaintiff has made out his case, it is error to instruct the jury to find for defendant.
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* 16 — PETITION ORDINARY APPEAL PROM JEFFERSON CIRCUIT COURT. 1. If, admitting all the evidence for plaintiff to be true, and every fact fairly deducible therefrom, the plaintiff has made out his case, it is error to instruct the jury to find for defendant. (Fightmaster v. Beasley, 7 J. J. Mar, 411; Shay v. Richmond & Lancaster Turnpike Co, 1 Bush, 108.) Even if the judge would set the verdict aside, if one were obtained, it may be error in him to give a peremptory instruction. (Buford v. Lou. & Nash. R. Co.) 2. The failure to give warning of the approach of the train to the crossing was…
1Opinion of the CourtChief Justice Lewis
This is an action to recover damages for personal injury to the plaintiff caused by a collision of the defendant's railway train with a coal cart he was driving.
It was not necessary for him to state in his petition that the injury was caused by the gross neglect of the defendant’s servants or agents, an allegation of ordinary neglect being sufficient to enable him to recover compensatory damages.
At the conclusion of the plaintiff’s evidence, the court instructed the jury to find for the defendant, and whether that instruction was proper is the only question before us.
The evidence shows that…
2Cases cited3 opinions
- Paducah & Memphis R. R. v. HoehlCourt of Appeals of Kentucky · 1876
- Kentucky Central Railroad v. Thomas' adm'rCourt of Appeals of Kentucky · 1880
- Spencer v. Illinois Central R. R.Supreme Court of Iowa · 1870
3Cited by3 opinions
- Mangan's Admr. v. Louisville Electric Light Co.Court of Appeals of Kentucky · 1906
- Chesapeake & Ohio Ry. Co. v. PatrickCourt of Appeals of Kentucky · 1909
- Kunz v. Oregon Railroad & N. Co.Oregon Supreme Court · 1907