Louisville & Nashville R. R. v. Trower's Admr.
Court of Appeals of Kentucky
CASE 59. — ACTION BY JOHN E. TROWER’S TDMINISTRATOR AGAINST THE LOUISVILLE & NASHVILLE R. T. CO. FOR CAUSING THE DEATH OF PLAINTIFF’S INTESTATE. Appeal from Boyle Circuit Court. W. G. Bell, Circuit Judge. Judgment for plaintiff. Defendant appeals.
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CASE 59. — ACTION BY JOHN E. TROWER’S TDMINISTRATOR AGAINST THE LOUISVILLE & NASHVILLE R. T. CO. FOR CAUSING THE DEATH OF PLAINTIFF’S INTESTATE. Appeal from Boyle Circuit Court. W. G. Bell, Circuit Judge. Judgment for plaintiff. Defendant appeals. POINTS DISCUSSED AND AUTHORITIES CITED. 1. In this action to recover damages for the killing of decedent by -a train1 of appellant at' Mitohellsburg, Ky., liability is sought to be predicated againis-t lappelliant upon the grounds (1) that the train which -struck decadent was a special train, running ahead of a local train, on which decadent, acting…
1Opinion of the Court
Opinion of the Court by
Judge O’Eear
Reversing.
The intestate, John E. Trower, was struck anti *592killed by a train on appellant’s road at Mitchellsburg under these circumstances: He, as a volunteer, was carrying the mail bag for the postmaster to put it on the local mail train, known as No. 23, which was due to pass that station about 11:30 a. m. on a day in August. The post office was about 60 yards from the station. Mitchellsburg is an unincorporated hamlet, and the station is a flag station only, without - telegraph facilities-. The station and the post office were on the same side of the…
2Cases cited4 opinions
- Illinois Central Ry. Co. v. Murphy's Admr.Court of Appeals of Kentucky · 1906
- Royster v. Southern Railway Co.Supreme Court of North Carolina · 1908
- Louisville & Nashville Railroad v. Taaffe's AdministratorCourt of Appeals of Kentucky · 1899
- Illinois Central Ry. Co. v. WillisCourt of Appeals of Kentucky · 1906
3Cited by16 opinions
- Chesapeake & Ohio Railway Co. v. Hunter's AdministratorCourt of Appeals of Kentucky · 1916
- Barrett's Administrator v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1924
- Chesapeake & O. Ry. Co. v. Bryant's Adm'rCourt of Appeals of Kentucky (pre-1976) · 1937
- Louisville & Nashville Railroad v. Fentress' AdministratorCourt of Appeals of Kentucky · 1915
- Louisville & Nashville Railroad v. Sizemore's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1927
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