Chesapeake & Ohio R. R. v. Dixon's Administratrix
Court of Appeals of Kentucky
Case 80 — ACTION FOR INJURIES CAUSING DEATH APPEAR FROM BOYD CIRCUIT COURT. 1. The trial court should have transferred the case to the United States Circuit Court. Warax v. Cin. &c. R. R. Co., 72 Fed. R., 637; Bukill v. Maysville & Big Sandy R. R. Co., 72 Fed. R., 745. 2. It was error to admit evidence of plaintiff’s witness that there was no flagman at the crossing where Dixon was injured. 3. It was error to overrule defendant’s motion for a peremptory-instruction.
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Case 80 — ACTION FOR INJURIES CAUSING DEATH APPEAR FROM BOYD CIRCUIT COURT. 1. The trial court should have transferred the case to the United States Circuit Court. Warax v. Cin. &c. R. R. Co., 72 Fed. R., 637; Bukill v. Maysville & Big Sandy R. R. Co., 72 Fed. R., 745. 2. It was error to admit evidence of plaintiff’s witness that there was no flagman at the crossing where Dixon was injured. 3. It was error to overrule defendant’s motion for a peremptory-instruction. Cahill v. Cin. &c. R. R. Co., 92 Ky., 345. 4. The trial -court erred in defining the measure of damages. The jury should have…
1Opinion of the CourtChief Justice Lewis
This action was brought by Lucy Dixon, administratrix of Alexander Dixon, against the Chesapeake & Ohio Railway Company, owner, and R. H. Chalkey and William Sidles, engineer and fireman, of a railroad train, by collision with which plaintiff’s intestate was killed. The killing occurred on the crossing of the Chesapeake & Ohio Railroad, leading from Catlettsburg to Ashland, by a turnpike road extending from one to the other of the two cities, and being the only public highway from Catlettsburg to Ashland. The place of said crossing is within the corporate limits of Catlettsburg, and very much…
2Cases cited1 opinion
- Kentucky Central R. R. v. Gastineau's Adm'rCourt of Appeals of Kentucky · 1885
3Cited by12 opinions
- Illinois Central Ry. Co. v. HouchinsCourt of Appeals of Kentucky · 1905
- Hough v. Southern Railway Co.Supreme Court of North Carolina · 1907
- Illinois Central Railroad v. Outland's AdministratrixCourt of Appeals of Kentucky · 1914
- Cincinnati, N. O. & T. P. Co.'s Receiver v. Finnell's Admr.Court of Appeals of Kentucky · 1900
- Bryce v. Southern Ry. Co.U.S. Circuit Court for the District of South Carolina · 1903
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