Bogard v. Illinois Central Railway Co.
Court of Appeals of Kentucky
Case '40 — Action by Abe Bogaud against Illinois Central Ry. Co. for Personal Injuries. APPEAL PROM M’ORACKEN CIRCUIT COURT. Judgment Dismissing Plaintiff's Action' and He Appeals.
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Case '40 — Action by Abe Bogaud against Illinois Central Ry. Co. for Personal Injuries. APPEAL PROM M’ORACKEN CIRCUIT COURT. Judgment Dismissing Plaintiff's Action' and He Appeals. In this action for damages for being run over and knocked down by one of defendant’s engines in McCracken county, plaintiff’s petition was dismissed on motion of defendant' bdeause it was not specific as to the time and placel of1 the accident, and the number of the engine and name of the engineer thereon. We submit that tbe time and place are not the essence of the. controversy, except to show that the injury was…
1Opinion of the Court
Opinion of the cóurt by
CHIEF JUSTICE BURNAM
Reveksinc.
On the 7th of October, 1902, the appellant, Abe Bogard, brought suit against; tbe Illinois Central Railroad Company in tbe McCracken circuit court to recover damages alleged ■to have been suffered by him by reason of certain alleged *431acts of negligence of appellee in the operation of one of its engines and train of cars in McCracken county. The petition is as follows: “The plaintiff, Abe Bogard, says that he is a citizen and resident of the State of Kentucky and County of McCracken, and that the.defendant is a corporation authorized by the…
2Cases cited1 opinion
- Tilton v. . BeecherNew York Court of Appeals · 1874
3Cited by5 opinions
- Commonwealth v. C. & O. Ry. Co.Court of Appeals of Kentucky · 1908
- Rogness v. Northern Pacific Ry. Co.Montana Supreme Court · 1921
- May v. Illinois Central RailroadTennessee Supreme Court · 1914
- Weibush v. Jefferson Canal Co.Montana Supreme Court · 1923
- Drake v. VernonSouth Dakota Supreme Court · 1910