Illinois Central R. R. v. Jolly
Court of Appeals of Kentucky
Case 74 — Action by Elizabeth Jolly against I. C. R, R. Co. fob Personal Injuries. APPEAL FROM OHIO CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. POINTS AND AUTHORITIES. 1. Proof to be available must be supported by the allegation. Kaufman, &c. v. Gas. Co., 105 Ky., 131; Shields v. Heard, 21 R., 992; Chun, By &e. v. Ky. & Ind.
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Case 74 — Action by Elizabeth Jolly against I. C. R, R. Co. fob Personal Injuries. APPEAL FROM OHIO CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. POINTS AND AUTHORITIES. 1. Proof to be available must be supported by the allegation. Kaufman, &c. v. Gas. Co., 105 Ky., 131; Shields v. Heard, 21 R., 992; Chun, By &e. v. Ky. & Ind. Bridge Co’s Receiver, 23 R., 1092; Thomas v. L. & N. R. R. Co., 18 R., 164; McCain v. L. & N. R. R. Co., 13 R., 334; Kerney v. City of Covington, 1 Met.. 339. 2. A variance between averment and proof may be taken advantage of by motion as in cases of…
1Opinion of the Court
Opinion op the court by
JUDGE HOBSON
Reversing.
Elizabeth Jolly, who was then 76 years old, took the passenger train of the Illinois Central Railroad Company at Caneyville, Ky., for Owensboro, intending to change cars at Horse Branch, and there take the train on the road running to Owensboro. She was accompanied by her son, and they had two telescopes. She and her son state that when the train reached Horse Branch, and had stopped for the station, after two other passengers had gotten off, she said to her son that they had better get off; that he picked up . the two telescopes, and, she walking…
2Cases cited2 opinions
- Railroad Company v. PollardSupreme Court of the United States · 1875
- Treat v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1881
3Cited by5 opinions
- Betty Basham v. City Bus Company, a Delaware Corporation and John Doe, Whose Real Name is UnknownCourt of Appeals for the Tenth Circuit · 1955
- Louisville & Nashville Railroad v. Spears' Admr.Court of Appeals of Kentucky · 1921
- Illinois Central Ry. Co. v. JollyCourt of Appeals of Kentucky · 1905
- Lunsford v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1913
- Fitzwater v. Cincinnati, Newport & Covington R.Court of Appeals of Kentucky · 1950