Cin. N. O. & T. P. Ry. Co. v. Raine
Court of Appeals of Kentucky
CASE 59. — ACTION BY MINNIE RAINE AGAINST THE CINCINNATI, NEW ORLEANS & TEXAS, PACIFIC RAILWAY COMPANY AND OTHERS FOR DAMAGES IN BEING DEPRIVED OF A BERTH IN A SLEEPER.— Appeal from Boyle Circuit Court. W. C. Bell, Circuit Judge. Judgment for plaintiff.
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CASE 59. — ACTION BY MINNIE RAINE AGAINST THE CINCINNATI, NEW ORLEANS & TEXAS, PACIFIC RAILWAY COMPANY AND OTHERS FOR DAMAGES IN BEING DEPRIVED OF A BERTH IN A SLEEPER.— Appeal from Boyle Circuit Court. W. C. Bell, Circuit Judge. Judgment for plaintiff. Defendants appeal. — POINTS AND AUTHORITIES. 1. Instrument No. 1 gives undue prominence to particular facts and splits the measure of recovery, is argumentative and misleading, and sets out items of alleged damage for which ther.e can be no recovery. (Travelers Ins. Co. v. Clark, 350; So. Covington, etc. v. Nelson, 28 Ky. Law Rep., 2*89.) 2.…
1Opinion of the Court
Opinion of the Court by
Judge Hobson —
Reversing.
Mrs. Minnie Raine lived in Atlanta, Ga. Her father lived in Harrodsburg, Ky„ and she made trips about three times a year from her home to her father’s. In January, 1906, she was at her father’s and desired to go home on Sunday, January 7th. That morning her father called up the station agent of the Southern Railway in Kentucky at Harrodsburg by telephone, and told him that he wanted a reservation for his daughter in the sleeper for Atlanta on the train that night. That afternoon he called up.the station agent, and was told by some one at the…
2Cases cited1 opinion
- Illinois Central Ry. Co. v. HeadCourt of Appeals of Kentucky · 1905
3Cited by6 opinions
- Strong v. Louisville Nashville Railroad Co.Court of Appeals of Kentucky (pre-1976) · 1931
- Louisville & Northern Railway & Lighting Co. v. ComleyCourt of Appeals of Kentucky · 1916
- Bales v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1918
- Louisville & Nashville Railroad v. SpurlingCourt of Appeals of Kentucky · 1914
- Smith v. Pullman Co.Missouri Court of Appeals · 1909
1 more not listed; retrieve them via the Exa API.