Legal Opinion

L. & N. R. R. v. Moore

Court of Appeals of Kentucky

Decided March 6, 1886PublishedCited by 16 opinions

Case 94 — PETITION ORDINARY — APPEAL PROM HARDIN CIRCUIT COURT. 1. Where a servant who has voluntarily taken a dangerous employment receives an injury in the course of his employment, the burden is upon him to prove that the employer was negligent, and that he was free from contributory neglect. (Pierce on Railways, page 382; Sherman & Redfield on Negligence, section 99; 111. Cent.

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Case 94 — PETITION ORDINARY — APPEAL PROM HARDIN CIRCUIT COURT. 1. Where a servant who has voluntarily taken a dangerous employment receives an injury in the course of his employment, the burden is upon him to prove that the employer was negligent, and that he was free from contributory neglect. (Pierce on Railways, page 382; Sherman & Redfield on Negligence, section 99; 111. Cent. R. R. Co. v. Heuck’s Adm’r, 72 111., 286; Central R. & B. Co. v. Kelly, 58 Ga., 114; Sullivan v. Bridge Co., 9 Bush. 88.) Applying this rule, the defendant was- entitled to the peremptory instruction asked; but if…

1Opinion of the Court

JUDGE HOLT

delivered the opinion op the court.

Tlie appellee, J. M. Moore, while in the employ of the appellant, the Louisville and Nashville Railroad *678Company, and when engaged upon a local freight train, was, while attempting to make a coupling, ■caught between the cars, and one of his feet and legs so injured as to necessitate* its amputation.

The train consisted of the locomotive and tender, and either twenty-two or twenty-three freight cars. The crew, of a conductor, engineer, fireman, and three brakemen; and of the latter the appellee was the head one. The train had been side-tracked, and…

2Cases cited4 opinions

  1. Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
  2. Barbaroux v. BarkerCourt of Appeals of Kentucky · 1862
  3. Malone v. . HathawayNew York Court of Appeals · 1876
  4. Louisville, Cincinnati & Lexington R. R. v. Cavens's administratorCourt of Appeals of Kentucky · 1873

3Cited by16 opinions

  1. Louisville & Nashville R. R. v. LoweCourt of Appeals of Kentucky · 1904
  2. Greer v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1893
  3. McGraw v. AyersCourt of Appeals of Kentucky (pre-1976) · 1933
  4. Ex Parte WilsonCourt of Criminal Appeals of Oklahoma · 1912
  5. Chesapeake & Ohio R. R. v. DavisCourt of Appeals of Kentucky · 1900

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