Legal Opinion

Conway v. Louisville & Nashville R. R.

Court of Appeals of Kentucky

Decided November 9, 1909PublishedCited by 24 opinions

CASE 30. — ACTION BY SOUTH CONWAY AGAINST THE LOUISVILLE & NASHVILLE RAILROAD COMPANY. Appeal from Franklin Circuit Court. R. L. Stout, Circuit Judge. Judgment for defendant, plaintiff appeals. 1. If there was any evidence tending to show, or from which the jury could have reasonably inferred the alleged negligence, and that the injury was caused thereby, the case should have been submitted to the jury.

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CASE 30. — ACTION BY SOUTH CONWAY AGAINST THE LOUISVILLE & NASHVILLE RAILROAD COMPANY. Appeal from Franklin Circuit Court. R. L. Stout, Circuit Judge. Judgment for defendant, plaintiff appeals. 1. If there was any evidence tending to show, or from which the jury could have reasonably inferred the alleged negligence, and that the injury was caused thereby, the case should have been submitted to the jury. Dodge v. Bank Ky., 9 Ky., 610; Bishop v. McNary, 41 Ky., 132; Martin v. Ry. Co., 29 Ky. L. R., 148. 2. The questions as to the proximate cause of the injury was a question of fact for the…

1Opinion of the Court

Opinion op the Court by

Judge Carroll

Affirming.

The appellant, South Conway, a boy about 11 years old, brought this action against the appellee railroad company to recover damages for injuries received in a collision between a horse he was riding and one of its trains which was going east. Upon the conclusion of the evidence for the plaintiff the jury, under the direction of the. court, returned a verdict in favor of the defendant company, so that the only question before us is whether or not there was sufficient evidence introduced on behalf of the plaintiff to take the case to the jury.

The…

2Cases cited8 opinions

  1. Hummer's Extx. v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1908
  2. Louisville, Cincinnati & Lexington Railroad v. Goetz's adm'xCourt of Appeals of Kentucky · 1881
  3. Southern Ry. Co. v. Winchester's Ex'xCourt of Appeals of Kentucky · 1907
  4. Louisville & Nashville Railroad v. SmithCourt of Appeals of Kentucky · 1899
  5. Louisville & Nashville Railroad v. Clark's AdministratorCourt of Appeals of Kentucky · 1899

3 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Louisville Gas & Electric Co. v. BeaucondCourt of Appeals of Kentucky · 1920
  2. Louisville Trust Co. v. MorganCourt of Appeals of Kentucky · 1918
  3. Wilder v. CadleCourt of Appeals of Kentucky (pre-1976) · 1929
  4. Cochran v. DowningCourt of Appeals of Kentucky (pre-1976) · 1952
  5. Osborne's Administrator v. Cincinnati, New Orleans & Texas Pacific Railway Co.Court of Appeals of Kentucky · 1914

19 more not listed; retrieve them via the Exa API.

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