Early's Admr. v. Louisville, H. & St. L. Ry. Co.
Court of Appeals of Kentucky
Case 3 — Action by Walter EIarly’s Administrator against Louisville, H. & St. L. Ry. Co. to Recover for the Death of Plaintiff’s Intestate. APPEAL FROM HENDERSON CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. Railroads — Negligence—Accidental Killing — ■ Presumption— Res Gestae — 'Peremptory Instruction. J QUESTIONS AND AUTHORITIES. 1. Duty of engineer and those in charge of ia train when an object is seen on or near the track, which may be a human being. II.
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Case 3 — Action by Walter EIarly’s Administrator against Louisville, H. & St. L. Ry. Co. to Recover for the Death of Plaintiff’s Intestate. APPEAL FROM HENDERSON CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. Railroads — Negligence—Accidental Killing — ■ Presumption— Res Gestae — 'Peremptory Instruction. J QUESTIONS AND AUTHORITIES. 1. Duty of engineer and those in charge of ia train when an object is seen on or near the track, which may be a human being. II. Thompson on Negligence, section 1740. 2. In view of 'the fact that a small'object could be seen and identified seven…
1Opinion of the Court
Opinion of the court by
JUDGE SETTLE
Affirming.
This action was instituted in the Henderson circuit court by the appellant, Farmers’ Bank & Trust Oompany, as the administrator of Walter Early’s estate, to recover damages for the alleged negligent killing of the deceased by the servants and employes of appellee .in charge of one of its freight trains. The answer denies the negligence complained of, and, for further defense, avers that the- death of appellant’s decedent was caused by his own negligence, which is denied by the reply. The trial resulted in a verdict for appellee by reason of a…
2Cases cited3 opinions
- Hughes v. Cincinnati, &c., RailroadCourt of Appeals of Kentucky · 1891
- Cahill v. CincinnatiCourt of Appeals of Kentucky · 1891
- Johnson's Administrator v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1883
3Cited by30 opinions
- Stuart's Admr. v. Nashville, Chattanooga & St. Louis Railway Co.Court of Appeals of Kentucky · 1912
- Louisville & Nashville Railroad v. HortonCourt of Appeals of Kentucky · 1920
- Stull's Administratrix v. Kentucky Traction & Terminal Co.Court of Appeals of Kentucky · 1916
- Caldwell's Administrator v. Chesapeake & Ohio Railway Co.Court of Appeals of Kentucky · 1913
- Chesapeake & Ohio Railway Co. v. BoothCourt of Appeals of Kentucky · 1912
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