Hummer's Extx. v. Louisville & Nashville R. R.
Court of Appeals of Kentucky
CASE 50 — ACTION BY J. W HUMMER’S EXECUTRIX AGAINST THE LOUISVILLE & NASHVILLE R. R. CO. FOR CAUSING THE DEATH OF PLAINTIFF’S INTESTATE. — Appeal from Simpson .Circuit Court. W. P. Sandidge, Circuit Judge. Judgment for defendant.
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CASE 50 — ACTION BY J. W HUMMER’S EXECUTRIX AGAINST THE LOUISVILLE & NASHVILLE R. R. CO. FOR CAUSING THE DEATH OF PLAINTIFF’S INTESTATE. — Appeal from Simpson .Circuit Court. W. P. Sandidge, Circuit Judge. Judgment for defendant. Plaintiff appeals. — 1. In running its trains over public crossings, in cities and towns, it is the duty of a railroad company (-1) to keep a lookout; (2) to give such signals of the train’s approach as are reasonably necessary to warn persons in the act of using the crossing, and (3) if the crossing is used to such an extent as the servants of the company might…
1Opinion of the Court
Opinion op the Court by
Judge Hobson
Affirming.
On September 18,1905, J. W. Hummer, while-walking across tbe track of tbe Louisville & Nashville Railroad at the Covington crossing in the outskirts of Franklin, Ky., about 9 o’clock in the morning, was struck and killed by the fast train from the south, and this suit was brought by his administrator to- recover damages for his death. The town boundary runs through the crossing; that is, a part of the crossing is in the town and a part outside of it. The town- is a place of between 2,000 and-3,000 people, and the crossing was much frequented. There…
2Cases cited4 opinions
- Louisville & Nashville R. R. v. McNary's AdmrCourt of Appeals of Kentucky · 1908
- Louisville & N. R. R. Co. v. Cummins' Admr.Court of Appeals of Kentucky · 1901
- Citizens Nat. Bank v. Forman's AssigneeCourt of Appeals of Kentucky · 1901
- Illinois Central Ry. Co. v. Z. T. ProctorCourt of Appeals of Kentucky · 1906
3Cited by30 opinions
- Stacy v. WilliamsCourt of Appeals of Kentucky (pre-1976) · 1934
- Conway v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1909
- Fullenwider v. BrawnerCourt of Appeals of Kentucky (pre-1976) · 1928
- Smith's Admr. v. C., N. O. & T. P. Ry. Co.Court of Appeals of Kentucky · 1912
- Louisville N. R. Co. v. Curtis' AdministratorCourt of Appeals of Kentucky (pre-1976) · 1929
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