Davis v. Chesapeake & Ohio Ry. Co.
Court of Appeals of Kentucky
CASE 60. — ACTION BY JOHN A. C. DAVIS AGAINST THE CHESAPEAKE & OHIO RY. CO.,' FOR DAMAGES FOR PERSONAL INJURIES — March 29. Appeal from Greenup Circuit Court. James P. Harbesoet, Circuit Judge. Judgment for defendant. Plaintiff appeals. PROPOSITIONS AND CITATIONS OF AUTHORITY. 1. Division of subject under discussion. 2. Status of express messengers. (Elliott on Railroads, vol. 3, sec. 1248 and vol. 4, sec. 1578; New Orleans '& R. Co. v. Douglass, 69 Miss. 723; 30 Am.
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CASE 60. — ACTION BY JOHN A. C. DAVIS AGAINST THE CHESAPEAKE & OHIO RY. CO.,' FOR DAMAGES FOR PERSONAL INJURIES — March 29. Appeal from Greenup Circuit Court. James P. Harbesoet, Circuit Judge. Judgment for defendant. Plaintiff appeals. PROPOSITIONS AND CITATIONS OF AUTHORITY. 1. Division of subject under discussion. 2. Status of express messengers. (Elliott on Railroads, vol. 3, sec. 1248 and vol. 4, sec. 1578; New Orleans '& R. Co. v. Douglass, 69 Miss. 723; 30 Am. St. Rep. 582; Cyclopedia of Law and Procedure, vol. 6, p. 642; Kentucky Central R. Co. v. Thomas, 79 Ky., 160; Fordyce v.…
1Opinion of the Court
*533. OpiNioN op, the Court by.
Judge Paynter
Reversing.
The appellant, Davis, was employed by the Adams Express' Company' ás: a messenger. Under a contract which the Adams Express' Company had with the appellee, his duties required him to go upon appel-lee’s trains to look after packages and property which it was transporting under its contract with the express company. While on one of appellee’s trains in the discharge of his duties he was injured by the alleged negligence and carelessness of appellee.- The principal defense relied on is a contract of release which the Adams Express Company…
2Cases cited15 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Baltimore & Ohio Southwestern Railway Co. v. VoigtSupreme Court of the United States · 1900
- Gulf, Colorado & Santa Fe Railway Co. v. WilsonTexas Supreme Court · 1891
- Greenwich Insurance v. L. & N. R. R.Court of Appeals of Kentucky · 1902
- Blair v. . Erie Railway CompanyNew York Court of Appeals · 1876
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3Cited by11 opinions
- Greene v. CaldwellCourt of Appeals of Kentucky · 1916
- Chesapeake & Ohio Ry. Co. v. Nipp's Adm'xCourt of Appeals of Kentucky · 1907
- Perry v. Philadelphia, Baltimore & Washington Railroad Co.Superior Court of Delaware · 1910
- Watson's Administrator v. Chesapeake & Ohio Railway Co.Court of Appeals of Kentucky · 1916
- Helton's Administrator v. Chesapeake & Ohio Railway Co.Court of Appeals of Kentucky · 1914
6 more not listed; retrieve them via the Exa API.