Legal Opinion

Shackleford's Adm'r v. Lou. & Nash. R. R.

Court of Appeals of Kentucky

Decided April 8, 1886PublishedCited by 18 opinions

Case 6 — PETITION ORDINARY APPEAL FROM LARUE CIRCUIT COURT. 1. The unusual speed of the train and the failure to give any signal of its approach constituted willful neglect. (Sherman & Redfield on Negligence, sections 481, 482; 12 Bush, 41; L. & N. R. R. Co. v. Howard’s Adm’r, 6 Ky. Law Rep., 165; L. & N. R. R. Co. v. Trent, by &c„ 6 Ily.

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Case 6 — PETITION ORDINARY APPEAL FROM LARUE CIRCUIT COURT. 1. The unusual speed of the train and the failure to give any signal of its approach constituted willful neglect. (Sherman & Redfield on Negligence, sections 481, 482; 12 Bush, 41; L. & N. R. R. Co. v. Howard’s Adm’r, 6 Ky. Law Rep., 165; L. & N. R. R. Co. v. Trent, by &c„ 6 Ily. Law Rep., 95; L. & N. R. R. Co. v. Wallace’s Adm’r, page 302.) 2. The deceased was not a trespasser, as the right of the inmates of the section-house to use the track at the point where she was crossing had been recognized by the company for years. 3. If…

1Opinion of the Court

JUDGE HOLT

delivered the opinion of the court.

Iii this action by the administrator of Elizabeth Shackleford against the appellee, the Louisville & Nashville Railroad Company, to recover damages for the killing of the intestate, by being run over by one of its trains, through the alleged willful neglect-of those in charge of it, the lower court, at the close-of the appellant’s testimony, peremptorily instructed the jury to find for the appellee.

This was improper if the evidence tended in any degree to support a right of recovery. If, however, \ there was an entire absence of negligence upon…

2Cited by18 opinions

  1. Brown's Admr. v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1895
  2. Cahill v. CincinnatiCourt of Appeals of Kentucky · 1891
  3. Louisville & Nashville R. R. v. McNary's AdmrCourt of Appeals of Kentucky · 1908
  4. Chesapeake & Ohio Railway Co. v. Warnock's Admr.Court of Appeals of Kentucky · 1912
  5. L. & N. R. R. v. Redmon's Admx.Court of Appeals of Kentucky · 1906

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