Cin., N. O. & T. P. Ry. Co. v. Marrs' Admx.
Court of Appeals of Kentucky
Case 124 — Action by William Harr’s Admx. Against ti-ie Cincinnati, New Orleans & Texas Pacific Ry. Co., for Damages for Causing the Death of Plaintiff’s Intestate. APPEAL FROM FAYETTE CIRCUIT COURT-WATTS PARKER, CIRCUIT JUDGE. Judgment for Plaintiff. Defendant Appeals. - POINTS AND AUTHORITIES. 1. The verdict was not sustained by sufficient evidence. 2. The trial court should have given an instruction on the subject of contributory negligence.
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Case 124 — Action by William Harr’s Admx. Against ti-ie Cincinnati, New Orleans & Texas Pacific Ry. Co., for Damages for Causing the Death of Plaintiff’s Intestate. APPEAL FROM FAYETTE CIRCUIT COURT-WATTS PARKER, CIRCUIT JUDGE. Judgment for Plaintiff. Defendant Appeals. - POINTS AND AUTHORITIES. 1. The verdict was not sustained by sufficient evidence. 2. The trial court should have given an instruction on the subject of contributory negligence. "Johnson v. L. & N. R. R. Co., 104 Ala., 241; Milliman v. New York Central, etc., R. R. Co., 66 N. Y., 642; Stroud v. Chicago, &c., R’y Co., 67 Mich.,…
1Opinion of the Court
Opinion of the court by
JUDGE BARKER
Affirming.
William H. Marrs, a resident of Lexington, Ky., on a visit to Louisville, became intoxicated, and while in this condition his friends purchased a ticket for him over the Louisville Southern Railway to his home, put him on the train, and gave his ticket to the conductor. When the train arrived at the depot in Lexington, he ivas in the smoker, asleep, with his head and arm hanging out of the window. One of the brake,«men aroused him, and required him to go from the car to the platform of the station. The Louisville Southern Railway uses the depot of…
2Cases cited3 opinions
- Fagg's Admr. v. Louisville & N. R. R. Co.Court of Appeals of Kentucky · 1901
- Brown's Admr. v. L. & N. R. R.Court of Appeals of Kentucky · 1898
- Va. Midland R. R. v. Boswell's Adm'rSupreme Court of Virginia · 1887
3Cited by14 opinions
- Lammers v. Pacific Electric Ry. Co.California Supreme Court · 1921
- Carey v. DavisSupreme Court of Iowa · 1921
- Daugherty's Admr. v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1924
- Lapp v. Louisville, Henderson & St. Louis Railway Co.Court of Appeals of Kentucky · 1918
- Gates v. Chesapeake & Ohio Railway Co.Court of Appeals of Kentucky · 1919
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