Kentucky Central R. R. v. Ackley
Court of Appeals of Kentucky
Case 48 — PETITION ORDINARY APPEAL PROM PENDLETON CIRCUIT COURT 1. An employe of a railroad engaged in duty on one train can not recover for injury inflicted by the negligence of another employe of the same grade engaged in operating another train. (Port Hill Stone Co. v. Orm’s Adm’r, 8 Ky. L. R., 73; Casey’s Adm’r v. L.’& N. R. R. Co., 8 Ky.
Read the full summary
Case 48 — PETITION ORDINARY APPEAL PROM PENDLETON CIRCUIT COURT 1. An employe of a railroad engaged in duty on one train can not recover for injury inflicted by the negligence of another employe of the same grade engaged in operating another train. (Port Hill Stone Co. v. Orm’s Adm’r, 8 Ky. L. R., 73; Casey’s Adm’r v. L.’& N. R. R. Co., 8 Ky. L. R„ 439.) 2. An instruction that the jury may give such damages as they believe the one injured has suffered is wrong, because in effect an instruction to find exemplary damages. (Chiles v. Drake, 2 Met., 151; Ky. Cen. R. R. Co. v. Gasteneau’s Adm’r,…
1Opinion of the Court
JTJDG-B LEWIS
delivered ti-ie opinion of the court.
Appellee brought this action -to recover damages, for personal injuries resulting from a collision of a passenger train of cars, upon which he was acting as engineer, with a freight train, both being at the time operated upon appellant’s road.
The collision, which it is in the petition alleged was caused by the willful negligence of appellant and its servants, occurred a short distance south of the end of the side-track at Cataba station, but at a curve in the road where those in charge of the respective trains-could not perceive the danger in…
2Cases cited3 opinions
- Louisville, Cincinnati & Lexington R. R. v. Case's administratorCourt of Appeals of Kentucky · 1873
- Louisville, Cincinnati & Lexington R. R. v. Cavens's administratorCourt of Appeals of Kentucky · 1873
- Muldraugh's Hill, Campbellsville & Columbia Turnpike Co. v. MaupinCourt of Appeals of Kentucky · 1880
3Cited by8 opinions
- Louisville & N. R. R. v. BrownCourt of Appeals of Kentucky · 1908
- Louisville & N. R. R. v. LogsdonCourt of Appeals of Kentucky · 1903
- Milton's Admx v. Frankfort & Versailles Traction Co.Court of Appeals of Kentucky · 1910
- Gardner v. Cumberland Telephone Co.Court of Appeals of Kentucky · 1925
- Edmonson v. Kentucky Central Railway Co.Court of Appeals of Kentucky · 1899
3 more not listed; retrieve them via the Exa API.