Louisville & Nashville R. R. v. Fowler
Court of Appeals of Kentucky
Case 60.-ACTION BY ANNIE E. FOWLER AGAINST THE LOUISVILLE & NASHVILLE RY. CO., FOR DAMAGES FOR PERSONAL INJURY IN EJECTING HER FROM ITS TRAIN. — ■Appeal from Nelson Circuit Court. Samuel E. Jones, Circuit Judge. Judgment for plaintiff. Defendant appeals. POINTS AND AUTHORITIES DISCUSSED. 1. There is a remarkable variance between the pleadings and the testimony.
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Case 60.-ACTION BY ANNIE E. FOWLER AGAINST THE LOUISVILLE & NASHVILLE RY. CO., FOR DAMAGES FOR PERSONAL INJURY IN EJECTING HER FROM ITS TRAIN. — ■Appeal from Nelson Circuit Court. Samuel E. Jones, Circuit Judge. Judgment for plaintiff. Defendant appeals. POINTS AND AUTHORITIES DISCUSSED. 1. There is a remarkable variance between the pleadings and the testimony. Appellee alleged she had a ticket, and so told the conductor, but she testified that she believed she had lost her ticket before boarding the train, and that she told the conductor she had no ticket or money. On her own testimony it…
1Opinion of the Court
Opinion by
Judge Lassing
Reversing.
This is an appeal from a judgment of the Nelson circuit court rendered on the verdict of a jury, October 30, 1905, against appellant for $1,000. The petition alleges that the plaintiff, Annie Elizabeth Fowler, purchased a ticket from appellant’s agent at Bards-town, Nelson county, Ky., which ticket entitled her to passage on appellant’s trains to Hunter’s Depot, in *454said county; that she paid the price charged for said ticket, 11 cents, and boarded the train; that shortly after taking passage on said train the conductor in charge of the train, in a rude and…
2Cited by4 opinions
- Louisville & Nashville R. R. v. ScottCourt of Appeals of Kentucky · 1911
- Louisville & Nashville Railroad v. AshleyCourt of Appeals of Kentucky · 1916
- McKinley v. L. & N. R. R.Court of Appeals of Kentucky · 1910
- Ben Humpich Sand Co. v. MooreCourt of Appeals of Kentucky (pre-1976) · 1934