Illinois Central Ry. Co. v. McIntosh
Court of Appeals of Kentucky
Case 17 — 'Action by Charles McIntosh Against the Illinois Central R. R. Co. for Damages for Personal Injuries. APPEAL FROM HOPKINS CIRCUIT COURT — JOHN F. GORDON, CIRCUIT JUDGE. Judgment for Plaintiff and Defendant Appeals.
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Case 17 — 'Action by Charles McIntosh Against the Illinois Central R. R. Co. for Damages for Personal Injuries. APPEAL FROM HOPKINS CIRCUIT COURT — JOHN F. GORDON, CIRCUIT JUDGE. Judgment for Plaintiff and Defendant Appeals. SYNOPSIS AND AUTHORITIES. 1. The defendant was surprised by the ruling of the court on motion for peremptory instructions and wasi entitled to a eontinr uance. 2. Failure of the train to whistle at the public crossing was not negligent as to plaintiff. 3. .Plaintiff must he held to have assumed the risk out of which his injury grew. Lillard’s Adm’r v. Mary Hueston…
1Opinion of the Court
*148Opinion op the court by
JUDGE HOBSON
reversing.
Appellee, Charles McIntosh, was in the service of appellant as a laborer in a section gang working under a foreman named Monroe Ray, who had charge of the; force. On or about November 7, 1901, they were working above Ilsey5 a station on the road. After dinner the foreman ordered the men to put the hand car on the track, saying they had to go to Ilsey. They went down to Boxtown, and there stopped a minute or two while he went into a store. When he came out of the store and got on the car, he directed them to pull out. This they did, and when they…
2Cases cited5 opinions
- Cahill v. CincinnatiCourt of Appeals of Kentucky · 1891
- Illinois Central R. R. v. LanganCourt of Appeals of Kentucky · 1903
- Louisville & Nashville Railroad v. CollinsCourt of Appeals of Kentucky · 1865
- Long's Admr. v. Illinois Central R. R.Court of Appeals of Kentucky · 1902
- Louisville & N. R. R. v. BodineCourt of Appeals of Kentucky · 1900
3Cited by6 opinions
- Hackney v. Fordson Coal CompanyCourt of Appeals of Kentucky (pre-1976) · 1929
- L. & N. R. R. v. IrbyCourt of Appeals of Kentucky · 1910
- White v. White's GuardianCourt of Appeals of Kentucky · 1916
- Chesapeake & Ohio Railway Co. v. DixonCourt of Appeals of Kentucky (pre-1976) · 1926
- Gordon v. Chesapeake & Ohio Railway Co.Court of Appeals of Kentucky · 1915
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