L. & N. R. R. Co. v. Scott's Adm'r
Court of Appeals of Kentucky
Case 52 — Action' to Recover Damages for Death oe Plaintiff's Intestate — APPEAL FROM LINCOLN CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. 1. One who takes passage on a train which he knows is always run backwards between the station where he got on, and the place of his destination, assumes the risks ordinarily incident to that manner of moving the train. The duty the carrier owes him is to exercise proper care in backing the train.
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Case 52 — Action' to Recover Damages for Death oe Plaintiff's Intestate — APPEAL FROM LINCOLN CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. 1. One who takes passage on a train which he knows is always run backwards between the station where he got on, and the place of his destination, assumes the risks ordinarily incident to that manner of moving the train. The duty the carrier owes him is to exercise proper care in backing the train. Shearman & Red. on Negligence, 4 Ed., sec. 101; L. S. R. R. Co, v. Minogue, 00 Ky., 309. 2. An acting employe of a railroad company, while riding…
1Opinion of the Court
Opinion op the court by
JUDGE PAYNTBR
Affirming.
On June 16, 1896, by the accidental derailment, at Rowland, Ky., of a train of the appellant, B. F. Scott was killed. The train consisted of a combination car and passenger coach. The passenger coach had an apartment for ladies in one end, and the other end of which was a smoker. The other ear was for baggage and for colored passengers. This train left Stanford at 4 o’clock p. m., passing through Rowland for Richmond, which returned at 9:10 p. m., and in five minutes thereafter left for Stanford, a mile distant from Rowland. It had reached a point…
2Cases cited2 opinions
- Wilton v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1871
- Ramsden v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1870
3Cited by13 opinions
- Putnam v. Pacific Monthly Co.Oregon Supreme Court · 1913
- Perkins v. GallowaySupreme Court of Alabama · 1915
- Simmons v. Oregon RailroadOregon Supreme Court · 1902
- Harris v. City & Elm Grove RailroadWest Virginia Supreme Court · 1911
- Dayton Coal & Iron Co. v. DoddCourt of Appeals for the Sixth Circuit · 1911
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