Louisville & Nashville R. R. v. Wolfe
Court of Appeals of Kentucky
Case 18 — ORDINARY— APPEAL FROM CHRISTIAN CIRCUIT COURT. The effect of the contributory negligence of appellee cannot be avoided, unless it be shown that appellant, after becoming aware of the perilous situation of appellee, could, by the use of ordinary care, have prevented the injury. Appellee’s reply fails to deny that he had full knowledge of the defect in the platform, and he sets forth no ■good reason why he fell into it. The instructions were error.
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Case 18 — ORDINARY— APPEAL FROM CHRISTIAN CIRCUIT COURT. The effect of the contributory negligence of appellee cannot be avoided, unless it be shown that appellant, after becoming aware of the perilous situation of appellee, could, by the use of ordinary care, have prevented the injury. Appellee’s reply fails to deny that he had full knowledge of the defect in the platform, and he sets forth no ■good reason why he fell into it. The instructions were error. (L. & N. R. R. Oo. v. Collins, 2 Duv., 507; 4 Bush, 495 ; 5 IK, 1; 6 lb., 574; Lou., Cin. & Lex. R. R. Co. v. Mahoney, 7 lb., 235; 13 lb.,…
1Opinion of the Court
•JUDGE HARGIS
delivered the opinion of the court.
It is alleged in substance by the appellee that there was a hole in the platform connected with appellant’s depot; that the opening, and its dangerous character, were known to the appellant, but it negligently, wantonly, and willfully failed and refused to repair it, and while removing a box of freight from said depot to his wagon, having necessarily to pass over said hole, he fell into it, and broke the left patella ■or knee-cap of his leg, for which he prayed damages.
From a judgment, upon a verdict of $2,000 in favor of ■appellee, the…
2Cases cited2 opinions
- Garner v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1863
- Slusser, Taylor & Co. v. City of BurlingtonSupreme Court of Iowa · 1876
3Cited by18 opinions
- Stephenson v. S. Pac. Co.California Supreme Court · 1894
- Cederson v. Oregon Navigation Co.Oregon Supreme Court · 1900
- City of Owensboro v. York's Admr.Court of Appeals of Kentucky · 1904
- McLeod v. Chicago, Milwaukee & Puget Sound Railway Co.Washington Supreme Court · 1911
- Lucas v. Pennsylvania Co.Indiana Supreme Court · 1889
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