Lou. & Nash. R. R. v. Mitchell
Court of Appeals of Kentucky
Case 52 — PETITION ORDINARY APPEAL FROM JEFFERS.ON COURT OF COMMON PLEAS. 1. The findings of the jury to the effect that the injury was traceable to neglect on the part of the conductor of the train are wholly unsupported by the evidence. 2. The special interrogatories propounded by the court were misleading and suggestive of the answers to be given, and some of them were wholly unauthorized by any testimony in the record. 3. The verdict was excessive, and the result of…
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Case 52 — PETITION ORDINARY APPEAL FROM JEFFERS.ON COURT OF COMMON PLEAS. 1. The findings of the jury to the effect that the injury was traceable to neglect on the part of the conductor of the train are wholly unsupported by the evidence. 2. The special interrogatories propounded by the court were misleading and suggestive of the answers to be given, and some of them were wholly unauthorized by any testimony in the record. 3. The verdict was excessive, and the result of prejudice and passion on the part of the jury. 4. The court erred in admitting testimony as to the size and condition of…
1Opinion of the Court
JUDGE HOLT
delivered the opinion op the court.
The appellee, Robert S. Mitchell, while in the employ of the appellant as a brakeman, and when engaged in the hazardous work of coupling some freight cars in the presence of, and under the direction of the conductor, was caught by the wheel of one of them, and his ankle and foot so crushed that it had to be amputated. TIis theory as to the manner of the injury is, that after making the coupling, and before he had time to get from between the cars, there was a new movement of the train under the direction of the conductor, by which he was knocked…
2Cases cited8 opinions
- Pennsylvania Co. v. RoySupreme Court of the United States · 1880
- Nolton v. . Western Railroad CorporationNew York Court of Appeals · 1857
- Louisville & Nashville Railroad v. McCoyCourt of Appeals of Kentucky · 1883
- Pittsburg, Fort Wayne & Chicago Railway Co. v. PowersIllinois Supreme Court · 1874
- Louisville, Cincinnati & Lexington Railroad v. Mahony's adm'xCourt of Appeals of Kentucky · 1870
3 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Gaines & Co. v. JohnsonCourt of Appeals of Kentucky · 1907
- Benge's Administrator v. FoutsCourt of Appeals of Kentucky · 1915
- West Kentucky Coal Co. v. Shoulders' AdministratorCourt of Appeals of Kentucky (pre-1976) · 1930
- Davis' Admr. v. Ohio Valley Banking & Trust Co.Court of Appeals of Kentucky · 1908
- Greer v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1893
30 more not listed; retrieve them via the Exa API.