Goodman's Admr. v. Louisville & N. R. R.
Court of Appeals of Kentucky
Case 96 — Action by Isaac Goodman’s Admr. against L. & N. R. R. Co. for Causing Death of Plaintiff’s Intestate. APPEAL FROM HART CIRCUIT COURT. From a Judgment Dismissing the Action, Plaintiff Appeals. SYNOPSIS' OF BRIEF. 1. The peremptory instruction! to find for the defendant, ought not to have been given.
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Case 96 — Action by Isaac Goodman’s Admr. against L. & N. R. R. Co. for Causing Death of Plaintiff’s Intestate. APPEAL FROM HART CIRCUIT COURT. From a Judgment Dismissing the Action, Plaintiff Appeals. SYNOPSIS' OF BRIEF. 1. The peremptory instruction! to find for the defendant, ought not to have been given. I. C. R. R. (1.) Because the evidence was sufficient to justify the jury in' finding that those in charge of the train saw the peril of the deceased in time to have prevented his injury, by the exercise of ordinary care. 'Shearman & Redfield on the Law of Neg., secs. 58, 59, 483; Becker…
1Opinion of the Court
Opinion of the court by
'CHIEF JUSTICE BURNAM
Affirming.
The appellant, J. M. Craddock, as administrator of Isaac Goodman, deceased, brought this suit to' recover damages for the death of his intestate. The petition alleges that “on the 27th day.of August, 1901, the defendant, its agents and servants, negligently and carelessly ran one of its freight trains over the body of the said Isaac Goodman, inflicting- upon him injuries which instantly resulted in his death.” Defendant, the Louisville & Nashville Railroad Company, denied the alleged negligence, and in a second paragraph pleaded that the…
2Cases cited5 opinions
- Becker v. L. & N. R. R.Court of Appeals of Kentucky · 1901
- Paducah & Memphis R. R. v. HoehlCourt of Appeals of Kentucky · 1876
- McDermott v. Kentucky Central RailroadCourt of Appeals of Kentucky · 1892
- Louisville & Nashville Railroad v. WebbCourt of Appeals of Kentucky · 1896
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. Dickerson's AdministratorCourt of Appeals of Kentucky · 1898
3Cited by23 opinions
- Louisville & Nashville R. R. v. McNary's AdmrCourt of Appeals of Kentucky · 1908
- Chesapeake & Ohio Railway Co. v. Warnock's Admr.Court of Appeals of Kentucky · 1912
- Willis' Administratrix v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1915
- Birmingham Railway Light & Power Co. v. JonesSupreme Court of Alabama · 1907
- Conn v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1927
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