Danville, Lancaster, & Nicholasville Turnpike Road Co. v. Stewart
Court of Appeals of Kentucky
CASE 24 — PETITION ORDINARY — APPEAL FROM LINCOLN CIRCUIT COURT. cited fa. Acts 1833-4, page 531, sec. 24. cited 7 B. Mon., 41-2-3 ; 12 B. Mon., 250-1; Story on Agency, top page 408, side 321; 13 B. Mon., 562-3; Road Charter, Sess. Acts 1833-4. cited 1 vol. Railroad Cases, 284; 2 lb., 330, and authorities there referred to; 4 Barn. Sf Adolph., 590; 9 Barn. 8; Cress., 591.
1Opinion of the Court
JUDGE STITES
delivered the opinión of the court :
This was an action brought by Stewart against the road company for damages resulting from an injury to the plaintiff, occasioned by the failure and neglect of the company to keep their toll-gate open, and properly fastened back, so as not to obstruct the road.
A trial was had in the court below, and resulted in a verdict and judgment for the plaintiff for $4,000 in damages, to reverse which the defendants have appealed.
Several grounds are relied on for reversal.
1. That the demurrer to the plaintiff’s petition was not disposed of before the trial.
2…
2Cited by6 opinions
- Cahill v. CincinnatiCourt of Appeals of Kentucky · 1891
- Louisville & Evansville Mail Co. v. Barnes' Admr.Court of Appeals of Kentucky · 1904
- Allen v. StateWisconsin Supreme Court · 1856
- Baker v. RobinsonCourt of Appeals of Kentucky (pre-1976) · 1938
- Griffin v. WilliamsCourt of Appeals of Kentucky (pre-1976) · 1947
1 more not listed; retrieve them via the Exa API.