Hughes v. Cincinnati, &c., Railroad
Court of Appeals of Kentucky
Case 97 — PETITION ORDINARY — APPEAL PROM PULASKI CIRCUIT COURT. Where the evidence tends, in any degree, to support a right of recovery, it is error to give a peremptory instruction.
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Case 97 — PETITION ORDINARY — APPEAL PROM PULASKI CIRCUIT COURT. Where the evidence tends, in any degree, to support a right of recovery, it is error to give a peremptory instruction. (Shelby’s Adm’r v. Railroad Company, 85 Ky., 225; Shackleford’s Adm’r v. Railroad Co., 84 Ky., 44; Gregory v. Nesbit, 5 Dana, 421; Shay v. R. & L. T. Co., 1 Bush, 109; Easley v. Easley, 18 B. M., 93; Trotter v. Sanders, 7 J. J. Mar., 321; Slaughter v. Morgan, 1 Met., 29; Stephen v. Brook, 2 Bush, 138; Eskridge’s Ex’rs v. Cincinnati, &c., R. Oo., 89 Ky.) The evidence in this case not only shows a prima faeie case…
1Opinion of the CourtChief Justice Holt
Mary A. Hughes, widow of William Hughes, sues for damages upon the ground that his death resulted from the willful neglect of the appellee. At the close of her testimony the lower court peremptorily directed *528the jury to find for the company. If a prima facie case had been made out; if, indeed, there was evidence tending in any degree to show a right of recovery, this was error. This rule is too well settled in this State to need the citation of authority. The only question, therefore, before us is, whether, guided by this rule, the instruction was proper.
The deceased was a brakeman upon…
2Cases cited1 opinion
- Hayes v. Forty-second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1884
3Cited by61 opinions
- Hyer v. City of JanesvilleWisconsin Supreme Court · 1898
- Louisville Gas Co. v. Kaufman, Straus & Co.Court of Appeals of Kentucky · 1898
- Sutton's Administrator v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1916
- East Tennessee & Western North Carolina Railroad v. LindamoodTennessee Supreme Court · 1903
- Root v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1906
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