Legal Opinion

Louisville Nashville Railroad v. Ricketts

Court of Appeals of Kentucky

Decided April 9, 1892PublishedCited by 6 opinions

- Case 21 — PETITION ORDINARY APPEAL PROM MARION CIRCUIT COURT. If, when a railroad company provides a commodious platform for persons to alight, and they, without any consent on the company’s part, or any necessity for so doing, alight elsewhere, they have no right to hold the company responsible for accidents that would not have occurred had they alighted on the platform. (Forsythe v. Boston and Albany R. Co., 103 Mass, 510; Pennsylvania R. Co. v. Tebe, 33 Pa.

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- Case 21 — PETITION ORDINARY APPEAL PROM MARION CIRCUIT COURT. If, when a railroad company provides a commodious platform for persons to alight, and they, without any consent on the company’s part, or any necessity for so doing, alight elsewhere, they have no right to hold the company responsible for accidents that would not have occurred had they alighted on the platform. (Forsythe v. Boston and Albany R. Co., 103 Mass, 510; Pennsylvania R. Co. v. Tebe, 33 Pa. St., 318; Hutchinson on Carriers, secs. 520, 647; Lou. & Port. Canal Co. v. Murphy, 9 Bush, 522; Redfield on Railways, sec. 193; Ky.…

1Opinion of the Court

JHDGE BENNETT

delivered the opinion op the court.

The appellee was a.passenger on the appellant’s passenger train from Louisville, Ky., to Lebanon, Ky. The train arrived at Lebanon about eleven o’clock at night. The platform of the depot at Lebanon is on the left hand side of the track. There was, at one time, an old platform on the right hand side of the track at said depot, which was removed by the appellant about a year before the happening of the accident complained of; and the place was leveled off and cinders placed upon it. The appellee, before the old platform was removed, had *118gotten…

2Cited by6 opinions

  1. Hayden v. Chicago, Memphis & Gulf RailroadCourt of Appeals of Kentucky · 1914
  2. Illinois Central Ry. Co. v. Z. T. ProctorCourt of Appeals of Kentucky · 1906
  3. Lowry v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1914
  4. Louisville & Nashville R. v. RickettsCourt of Appeals of Kentucky · 1894
  5. Chesapeake & Ohio Railway Co. v. ClarkeCourt of Appeals of Kentucky · 1916

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