Louisville & Nashville R. R. v. McGary's Administrator
Court of Appeals of Kentucky
Case 67 — ACTION FOR DEATH APPEAL EROM HOPKINS CIRCUIT COURT. 1. The verdict of the jury is not sustained by sufficient evidence and is contrary to the evidence. 2. A peremptory instruction should have been given. Citations: Hughes v. Cincinnati, &c. R. R. Co., 91 Ky., 526; Cotton v. Wood, 8 Com. B., N. L., 568 (Thompson on Negligence, 364); Johnston’s Admr. v. B. T., V. & G. Ry. Co., 17 Ky. Law Rep., 67; Wintuska’s Admr. v. L. & N. R. R. Co., 14 Ky.
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Case 67 — ACTION FOR DEATH APPEAL EROM HOPKINS CIRCUIT COURT. 1. The verdict of the jury is not sustained by sufficient evidence and is contrary to the evidence. 2. A peremptory instruction should have been given. Citations: Hughes v. Cincinnati, &c. R. R. Co., 91 Ky., 526; Cotton v. Wood, 8 Com. B., N. L., 568 (Thompson on Negligence, 364); Johnston’s Admr. v. B. T., V. & G. Ry. Co., 17 Ky. Law Rep., 67; Wintuska’s Admr. v. L. & N. R. R. Co., 14 Ky. Law Rep., 579; Nance’s Admr. v. N. N. & M. V. Co., 13 Ky. Law Rep., 554. Citations. Nance’s Admr. v. N. N. & M. V. Co., 13 Ky. Law Rep., 554;…
1Opinion of the Court
JUDGE DuRELLE
délivebed the opinion op the coubt.
The appellee brought suit against appellant company, alleging that.his intestate, who was a brakeman, received injuries, from which he died, while engaged upon a freight train of appellant; that the “train was thrown from the track near Robard’s station, in Henderson county, Kentucky, and the said C. C. HcGary received serious bodily *511injuries, from which he died; . . . that twenty-two cars were thrown from the track in the said wreck, and that the derailment of said train was caused by the defective condition of the roadbed at the point where…
2Cases cited3 opinions
- Hughes v. Cincinnati, &c., RailroadCourt of Appeals of Kentucky · 1891
- Greer v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1893
- Moran v. SmithersCourt of Appeals of Kentucky · 1881
3Cited by13 opinions
- Root v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1906
- Louisville & Nashville Railroad v. HortonCourt of Appeals of Kentucky · 1920
- Illinois Central Railroad v. Cash's AdministratrixCourt of Appeals of Kentucky (pre-1976) · 1927
- Salter v. Galveston, H. & S. A. Ry. Co.Court of Appeals of Texas · 1926
- Nelson v. Black Diamond Mining Co.Court of Appeals of Kentucky · 1916
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