Legal Opinion

Chesapeake & Ohio Ry. Co. v. Barnes' Admr.

Court of Appeals of Kentucky

Decided March 12, 1909PublishedCited by 8 opinions

Appeal from Campbell Circuit Court. A. S. Berry and Chas. W. Yungblut, Successive Judges. Judgment for plaintiff. Defendant appeals POINTS AND AUTHORITIES. 1. Error in Evidence — What is Res Gestae. — Vicksburg & M. R. R. v. O'Brien, 119 U. S. 99; L. & N. R. R. v. Webb, 99 Ky. 332, at 347; L. H. & St. L. Ry. Co. v Beauchamp, 108 Ky 47; Graddy v. W. U. Tel. Co., 19 Ky. Law Rep. 1455; MeKelvey on Evidence (Hornbook Series), pp' 277-278; L. & N. R. R. v. Williamson, 29 Ky.

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1Opinion of the Court

Opinion op the Court by

Judge Carroll

Reversing.

Leonard Barnes was a member of a wrecking crew ■of the Chesapeake & Ohio- Railway Company, and in May, 1907, Was sent out from Covington with a wrecking train to do some work in connection with •a wreck on the road of appellant company. When *731the wrecking train arrived at New Richmond, a station about 20 miles east of Covington, it received notice that the wreck had been cleared, and was ordered to return to Covington as the second section of a freight train designated as “first 77.” "When the order to return was received, the engine of the…

2Cases cited1 opinion

Nolan v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1898

3Cited by8 opinions

Cincinnati, New Orleans & Texas Pacific Railway Co. v. Lovell's Admr.Court of Appeals of Kentucky · 1910
Louisville Ry. Co. v. GaughCourt of Appeals of Kentucky · 1909
Illinois Central Railroad v. Skinner's AdministratrixCourt of Appeals of Kentucky · 1917
Louisville & Nashville R. v. Hyatt's Adm'x.Court of Appeals of Kentucky · 1921
Gatliff Coal Co. v. PeaceCourt of Appeals of Kentucky · 1917

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