Louisville & N. Railroad v. Molloy's Admx.
Court of Appeals of Kentucky
CASE 25. — ACTION BY SAM C. MOLLOY’S ADMINISTRATRIX 'AGAINST THE L. & N. R. R. CO. FOR DAMAGES FOR CAUSING THE DEATH OF PLAINTIFF’S INTESTATE.' — March 2. Appeal from Barren Circuit Court. Samuel E. JoNes, Circuit Judge. Judgment for plaintiff.
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CASE 25. — ACTION BY SAM C. MOLLOY’S ADMINISTRATRIX 'AGAINST THE L. & N. R. R. CO. FOR DAMAGES FOR CAUSING THE DEATH OF PLAINTIFF’S INTESTATE.' — March 2. Appeal from Barren Circuit Court. Samuel E. JoNes, Circuit Judge. Judgment for plaintiff. Defendant appeals. 1. The court erred in compelling appellant to try this case in absence of a material witness, the full effect of whose testimony could not be obtained from tlie affidavit as to what he would testify, which was read as his deposition. 2. The court erred in refusing peremptorily to instruct the jury to find for appellant. No negligence…
1Opinion of the Court
OPINION of
CMiee Justice Hobson.
— Reversing,
On- Sunday, MJarch 27, 1904, Sam .0. Molloy, an attorney, on Ms way to Brownsville to attend court on the next day, reached Glasgow Junction on the morning train, and hired L. H. Oiler, a livery stable man, lo take him over to Brownsville in a buggy. They got in thebuggy about 12 o’elock, and started to Brownsville. Prom the hotel from which they started the road to Brownsville runs for about a quarter of a mile parallel ■with the Louisville & Nashville Railroad, and at tMs point it abruptly turns to the right, going up a slight incline across the…
2Cases cited13 opinions
- Insurance Co. v. MosleySupreme Court of the United States · 1869
- Town of Albion v. HetrickIndiana Supreme Court · 1883
- Mayor of Milledgeville v. WoodSupreme Court of Georgia · 1901
- Alabama Great Southern Railroad v. HallSupreme Court of Alabama · 1894
- Lawson v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1885
8 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Preston v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1966
- Chesapeake & Ohio Railway Co. v. Warnock's Admr.Court of Appeals of Kentucky · 1912
- Cox's Administrator v. Cincinnati, New Orleans & Texas Pacific Railway Co.Court of Appeals of Kentucky (pre-1976) · 1931
- Illinois Cent. R. Co. v. Applegate's Adm'xCourt of Appeals of Kentucky (pre-1976) · 1936
- Consolidated Coach Corporation v. Earl's Adm'rCourt of Appeals of Kentucky (pre-1976) · 1936
45 more not listed; retrieve them via the Exa API.