Legal Opinion

Louisville & Nashville R. R. v. McElroy

Court of Appeals of Kentucky

Decided November 20, 1896PublishedCited by 28 opinions

Case 28 — PETITION ORDINARY APPEAL FROM MARION CIRCUIT COURT. 1. Before a party can seek the rescission of a contract, alleged ta ■have been obtained by fraud, he must as far as he can, place thei parties in statu quo. (Green v. Southard, 2 Ky. L. R., 233; Minor v. Kelly, 5 Mon., 274; Speak v. Warner, 5 J. J. M., 68; 1 Addison ion ‘Contracts, sec. 312; Story on Sales, sec. 159; Town’s Adm’r V. Waldo., 20 Atlantic Reporter, 325; E., T. V. & G. Ry.

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Case 28 — PETITION ORDINARY APPEAL FROM MARION CIRCUIT COURT. 1. Before a party can seek the rescission of a contract, alleged ta ■have been obtained by fraud, he must as far as he can, place thei parties in statu quo. (Green v. Southard, 2 Ky. L. R., 233; Minor v. Kelly, 5 Mon., 274; Speak v. Warner, 5 J. J. M., 68; 1 Addison ion ‘Contracts, sec. 312; Story on Sales, sec. 159; Town’s Adm’r V. Waldo., 20 Atlantic Reporter, 325; E., T. V. & G. Ry. Co. v. Hays, 10 S. E. Rep., 350; 83 Ga., 558; Vandervelden v. Chicago & N. W. Ry. Co., 61 Federal Rep., 54; Gould v. Bank, 86 N. Y., 75; 'Grymes v.…

1Opinion of the Court

JUDGE PAYNTER

delivered the opinion of the court:

This action was brought by McElroy for injuries which he received on the 10th day of May, 1893, while a section hand in the employ of appellant. James Roller, as foreman, was in charge of the section men.

While deepening a ditch, near Nelsonville, the beam to the plow, which was operated by an engine, broke, making it necessary to secure another beam; to secure which the foreman, with McElroy and Lev. Shreve, pro*155ceeded with an engine, operated by its fireman, to a point where there was a switch cross-tie, proposed to be used as a plow beam. It…

2Cases cited8 opinions

  1. Union Pacific Railway Co. v. HarrisSupreme Court of the United States · 1895
  2. Bliss v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1894
  3. Mullen v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1879
  4. East Tennessee, Virginia & Georgia Railway Co. v. HayesSupreme Court of Georgia · 1889
  5. O'Brien v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1894

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3Cited by28 opinions

  1. Toppass v. Perkins' AdministratrixCourt of Appeals of Kentucky (pre-1976) · 1937
  2. Home Ben. Soc. of New York v. MuehlCourt of Appeals of Kentucky · 1900
  3. Seeck v. JakelOregon Supreme Court · 1914
  4. Swan v. Great Northern Railway Co.North Dakota Supreme Court · 1918
  5. Western & Southern Life Ins. v. QuinnCourt of Appeals of Kentucky · 1908

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