Louisville & Nashville Railroad v. Copas
Court of Appeals of Kentucky
Case 80 — PETITION ORDINARY APPEAL PROM WARREN CIRCUIT COURT. 1. Defendant’s motion for a peremptory instruction should have been sustained, because the affirmative allegations of the facts constituting-contributory negligence set up in the second paragraph of the answer are not denied. (Civil Code, sec. 126; Depp v. L. & N. B. Co., 12 Ky. Law Bep., 366; L. & N. B. Co. v. Schuster, &c., 10 Ky.
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Case 80 — PETITION ORDINARY APPEAL PROM WARREN CIRCUIT COURT. 1. Defendant’s motion for a peremptory instruction should have been sustained, because the affirmative allegations of the facts constituting-contributory negligence set up in the second paragraph of the answer are not denied. (Civil Code, sec. 126; Depp v. L. & N. B. Co., 12 Ky. Law Bep., 366; L. & N. B. Co. v. Schuster, &c., 10 Ky. Law Rep., 76; Owen & McKinney v. L. & N. B. Co., 87 Ky., 626; Eavre v. L. & N. B. Co., 91 Ky., 641; Cahill v. Cincinnati, &o., B. Co., 92 Ky., 345; Cincinnati, &c., R. Co. v. Palmer, 13 Ky. Law Bep.,…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion oe the court.
"We perceive no reason for reviewing this case for the alleged error in refusing to grant the peremptory instruction. The plaintiff had made out his case. In the discharge of his duty he had been seriously injured by reason of the gross neglect of those whose duty it was to load the cars properly, and could not by the exercise of the utmost diligence have avoided the injury inflicted by the projecting rails in the attempt to couple the cai;s.
The instructions made the company liable in the event the injury was the result of gross negligence on tlio…
2Cited by26 opinions
- Schulte v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1908
- Hill v. RaglandCourt of Appeals of Kentucky · 1902
- Short v. RobinsonCourt of Appeals of Kentucky (pre-1976) · 1939
- Lyon v. LyonSupreme Court of Oklahoma · 1913
- Glenn v. HoltCourt of Appeals of Texas · 1921
21 more not listed; retrieve them via the Exa API.