Quinn v. Louisville & Nashville R.
Court of Appeals of Kentucky
*Case 40 — PETITION ORDINARY — APPEAL FROM HARDIN CIRCUIT COURT. 1. The law requires the utmost care on the part of the carrier, and he must show that he used diligence, and, notwithstanding this, could not prevent the occurrence. It is not a question of knowledge but of diligence. (Britton v. A. & C. R. Co., 43 Am. Rep., 752 (88 N. C., 536); Schoulcr on Carriers, sec. 643, p. 643; Freeman’s notes to Ingalls v. Bills, 43 Am.
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*Case 40 — PETITION ORDINARY — APPEAL FROM HARDIN CIRCUIT COURT. 1. The law requires the utmost care on the part of the carrier, and he must show that he used diligence, and, notwithstanding this, could not prevent the occurrence. It is not a question of knowledge but of diligence. (Britton v. A. & C. R. Co., 43 Am. Rep., 752 (88 N. C., 536); Schoulcr on Carriers, sec. 643, p. 643; Freeman’s notes to Ingalls v. Bills, 43 Am. Dec., 355; note to M. & L. R. Co. v. Stringfellow, 51 Am. Rep., 602.) 2. It was error to instruct the jury that defendant is not liable unless its servants had knowledge…
1Opinion of the CourtChief Justice Pryor
Tlie appellant, Fannie Quinn, was a passenger on the train of the appellee, being carried from the city of Louisville to her home at Elizabethtown, in this State.
While in the coach assigned her and her race by the company (she being a colored woman), and complying with the regulations of the corporation as well as the statute in regard to separate coaches, she alleges that certain white passengers, in an intoxicated condition, entered the coach to which she had been assigned and the one set apart for the colored race, and whilst in this car used violent, profane, obscene and indecent language…
2Cited by14 opinions
- Texas & P. Ry. Co. v. BakerTexas Commission of Appeals · 1919
- Gulf, Colorado & Santa Fe Railway Co. v. LutherCourt of Appeals of Texas · 1905
- Berea College v. CommonwealthCourt of Appeals of Kentucky · 1906
- Brumfield v. Consolidated Coach CorporationCourt of Appeals of Kentucky (pre-1976) · 1931
- Ohio Valley Railway's Receiver v. LanderCourt of Appeals of Kentucky · 1898
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