Louisville & Nashville R. R. v. Logsdon's Admr.
Court of Appeals of Kentucky
Case 75 — Action by William G. Logsdon’s Administrator against the L. & N. R. R. Co. for Causing the Death of Plaintiff’s Intestate. APPEAL FROM HARDIN CIRCUIT COURT-WEED S. CHELF, CIRCUIT JUDGE. Judgment for Plaintiff and Defendant Appeals.
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Case 75 — Action by William G. Logsdon’s Administrator against the L. & N. R. R. Co. for Causing the Death of Plaintiff’s Intestate. APPEAL FROM HARDIN CIRCUIT COURT-WEED S. CHELF, CIRCUIT JUDGE. Judgment for Plaintiff and Defendant Appeals. (No brief in record for appellee.) POINTS AND CITATIONS. 1. As the child came on the track just in front of the approaching train, and there is; nothing to show where he was or what his position was before he came on the track, there was no evidence upon which to submit to the jury the question whether his peril could have been discovered in time to avert…
1Opinion of the Court
*602Opinion op the court by
JUDGE HOBSON
Reversing.
Appellees’ intestate, an infant under three years of age, was struck and killed by one of appellant’s freight trains, and this action was instituted by the administrator to recover for his death, resulting in a verdict and judgment in his favor for $1,200. The only question we deem it necessary to consider on the appeal is whether the evidence warranted a recovery. The facts shown are as follows: The infant was the child of a section hand of appellant, whose house stood beside the railroad track, and within 30 feet of it. Just before the child was…
2Cases cited12 opinions
- Felton v. AubreyCourt of Appeals for the Sixth Circuit · 1896
- Becker v. L. & N. R. R.Court of Appeals of Kentucky · 1901
- Louisville & Frankfort Railroad v. BallardCourt of Appeals of Kentucky · 1859
- Goodman's Admr. v. Louisville & N. R. R.Court of Appeals of Kentucky · 1903
- McDermott v. Kentucky Central RailroadCourt of Appeals of Kentucky · 1892
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Willis' Administratrix v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1915
- Lyttle v. Harlan Town Coal Co.Court of Appeals of Kentucky · 1915
- Lee's Admr. v. HinesCourt of Appeals of Kentucky · 1924
- McKnight's Administrator v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1916
- Meredith v. FehrCourt of Appeals of Kentucky (pre-1976) · 1936
2 more not listed; retrieve them via the Exa API.