L. & N. R. R. v. Sights
Court of Appeals of Kentucky
CASE 25. — ACTION BY A. B. SIGHTS AGAINST THE L. & N. R. R. CO. FOR DAMAGES FOR PERSONAL INJURY.— Appeal from Henderson Circnit Court. J. W. Henson, Circnit Judge. Judgment for plaintiff. Defendant appeals.
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CASE 25. — ACTION BY A. B. SIGHTS AGAINST THE L. & N. R. R. CO. FOR DAMAGES FOR PERSONAL INJURY.— Appeal from Henderson Circnit Court. J. W. Henson, Circnit Judge. Judgment for plaintiff. Defendant appeals. POINTS AND AUTHORITIES. 1. Appellant’s pipa of contributory negligence was made out by appellee’s own proof, and. the peremptory instruction asked should have been given. 2. The verdict is flagrantly against the evidence. 3. This case on this second appeal does not present the same state of facts that was presented on the first appeal. (Sights v. L. & N. R. R. Co., 25 Ky. Law Rep., 1548,…
1Opinion of the Court
Opinion by
Judge Barker
Reversing.
This is the second appeal of this case to this court. On the first trial in the circuit court a peremptory instruction was awarded the appellant company to the jury to find for it, at the conclusion of plaintiff’s evidence. Upon appeal the judgment was reversed, for the reasons given in an opinion to be found in 117 Ky., 436, 78 S. W., 172, 25 Ky. Law Rep., 1548.
Upon the second trial the evidence for the plaintiff was substantially the same as upon the first, and we adopt the following statement from the opinion of Chief Justice Burnam on the first appeal as a…
2Cases cited1 opinion
- Sights v. Louisville & N. R. R.Court of Appeals of Kentucky · 1904
3Cited by9 opinions
- Schulte v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1908
- Chicago, R. I. & P. Ry. Co. v. BartonSupreme Court of Oklahoma · 1916
- Pirtle's Administratrix v. Hargis Bank & Trust Co.Court of Appeals of Kentucky (pre-1976) · 1931
- Louisville & Nashville Railroad v. CooperCourt of Appeals of Kentucky · 1915
- Louisville & N. R. R. v. WilsonCourt of Appeals of Kentucky · 1907
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