Louisville & N. R. R. v. Howerton
Court of Appeals of Kentucky
Case 13 — 'Action by Mary J. Howerton against the Louisville & N. R. R. Co for Personal Injuries. APPEAL FROM SHELBY CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals.
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Case 13 — 'Action by Mary J. Howerton against the Louisville & N. R. R. Co for Personal Injuries. APPEAL FROM SHELBY CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. The plaintiff alleges that she was driving a gentle horse which •became frightened, near a crossing of appellant’s railroad, at a hand car that was approaching said crossing which was being operated by appellant’s servants with gross carelessness and negligence, and but for which the horse would not have been frightened, and thereby causing her horse to run away and throw her out of her buggy and greatly injure her.…
1Opinion of the Court
Opinion op the court by
JUDGE PAYNTER
Reversing.
About four miles south of Shelbyvill'e the appellant’s track crosses at right angles the public road, forming what is known as the “Keene Crossing.” To the right of the crossing, ,in going from Shelby vi lie, there is a deep cut. The appellee and her daughter were driving a horse, proven to be gentle, from Shelbyville to their home, over the highway in question. As they approached the crossing, and as the horse’s fore feet were over the first rail, it became frightened, swerved to the left, and ran off, which resulted in the appellee being…
2Cases cited1 opinion
- McCerrin v. Alabama & Vicksburg Railway Co.Mississippi Supreme Court · 1895
3Cited by8 opinions
- Spiegle v. Cincinnati, New Orleans & Texas Pacific RailroadCourt of Appeals of Kentucky · 1916
- Louisville & Nashville Railway Co. v. HuletteCourt of Appeals of Kentucky · 1916
- Fares v. Rio Grande Western Railway Co.Utah Supreme Court · 1904
- Hanley v. Ft. Dodge Light & Power Co.Supreme Court of Iowa · 1906
- Chesapeake & Ohio Railway Co. v. RobinsonCourt of Appeals of Kentucky (pre-1976) · 1926
3 more not listed; retrieve them via the Exa API.