L., H. & St. L. Railway Co. v. Beauchamp
Court of Appeals of Kentucky
Case 8 — Actios to Recover Damages eor the Killing of a Colt by 'Railroad Co. APPEAL FROM THE HANCOCK CIRCUIT COURT. 1. Admissions or statements made by appellant’s section boss the day after the injury was done are not competent evidence against the appellant, neither as to the killing of the colt, nor as to the construction of the cattle guard.
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Case 8 — Actios to Recover Damages eor the Killing of a Colt by 'Railroad Co. APPEAL FROM THE HANCOCK CIRCUIT COURT. 1. Admissions or statements made by appellant’s section boss the day after the injury was done are not competent evidence against the appellant, neither as to the killing of the colt, nor as to the construction of the cattle guard. Lexington, &e., Mining Co. v. ■Webb, 35 S. W., 1117; Tarr v. Kimbrough, 34 S. W., 528; L. & N. R. R. Co. v. Ellis, 30 S. W., 979. 2. The original petition alleged that the colt was killed by being negligently run -over by the train. An amended…
1Opinion of the Court
Opinion- of ti-ie court by
JUDGE BURNAM
Reversing.
In the original petition in this- action appellee sought to recover damages of appellant for- having recklessly, carelessly, and negligently run its engine and train of cars over his colt, by reason of which' it was: fatally injured', and subsequently killed by the agents of the defendant. By an amended petition appellee alleges “that he was not present when the colt was crippled,, but that he1 had been informed that the defendant company ran its train over and crippled the colt, as alleged in his original petition, and which he believed to be…
2Cited by3 opinions
- Parrish v. Louisville & N. R. R.Court of Appeals of Kentucky · 1907
- Nashville C. & St. L. Ry. Co. v. RussellCourt of Appeals of Kentucky · 1908
- Lexington & Eastern Railway Co. v. RussellCourt of Appeals of Kentucky · 1917