Lou. & Nash. R. R. v. Ritter's Adm'r
Court of Appeals of Kentucky
Case 50 — PETITION ORDINARY appeal from barren circuit court. 1. The negative answer of the witness Mansfield to the question as to whether or not he had made a certain statement to Melvin Lowry having been brought out by appellee on cross-examination, appellee was bound thereby and had no right to contradict him.
Read the full summary
Case 50 — PETITION ORDINARY appeal from barren circuit court. 1. The negative answer of the witness Mansfield to the question as to whether or not he had made a certain statement to Melvin Lowry having been brought out by appellee on cross-examination, appellee was bound thereby and had no right to contradict him. (Kennedy v. Commonwealth, 14 Bush-, 340; 1 Greenleaf on Evidence, sec. 449.) 2. The testimony of Lawrence Lowry as to a statement made to him by Mansfield was incompetent, Mansfield not being an agent or attorney for appellant. 3. The court will not speculate as to the effect of…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion on the court.
In May, 1876, tlie appellant’s passenger train, while en route to Louisville, came in collision with a cow, which was on the railroad track. The collision threw one of the passenger coaches from the track. The appellee’s intestate was in this coach as a passenger, having paid his fare from Glasgow to Louisville, and was injured by reason of the collision and throwing of' the coach from the track.
The trial of appellee’s action against the appellant for the injuries received by his intestate in the collision resulted in a verdict and judgment for…
2Cases cited6 opinions
- Pennsylvania Co. v. RoySupreme Court of the United States · 1880
- Railroad Company v. PollardSupreme Court of the United States · 1875
- Baltimore & Ohio Rail Road v. WorthingtonCourt of Appeals of Maryland · 1864
- New Orleans, Jackson & Great Northern Railroad v. AllbrittonMississippi Supreme Court · 1859
- Railroad Co. v. VarnellSupreme Court of the United States · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Central Passenger Railway Co. v. KuhnCourt of Appeals of Kentucky · 1888
- Louisville & Nashville Railroad v. O'BrienCourt of Appeals of Kentucky · 1915
- Rehm-Zeiher Co. v. F. G. Walker Co.Court of Appeals of Kentucky · 1913
- Goss v. Northern Pacific Railway Co.Oregon Supreme Court · 1906
- Birchall v. Capital Transit Co.District of Columbia Court of Appeals · 1943
6 more not listed; retrieve them via the Exa API.