Legal Opinion

Kentucky Central R. R. v. Gastineau's Adm'r

Court of Appeals of Kentucky

Decided June 3, 1885PublishedCited by 37 opinions

Case 19 — PETITION ORDINARY APPEAL PROM PAYETTE COURT OP COMMON PLEAS.. I. Where a stranger comes upon ground to which the right of a railroad company is exclusive, and voluntarily assists its employes in the performance of a dangerous work, the company is not liable' for an injury resulting to him from the negligence of its employes, unless, perhaps, the negligence be “ willful,” and be after the discovery of his danger. (Flower v. Penn. E. E. Co., 69 Pa. St., 210, 8 Amer.

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Case 19 — PETITION ORDINARY APPEAL PROM PAYETTE COURT OP COMMON PLEAS.. I. Where a stranger comes upon ground to which the right of a railroad company is exclusive, and voluntarily assists its employes in the performance of a dangerous work, the company is not liable' for an injury resulting to him from the negligence of its employes, unless, perhaps, the negligence be “ willful,” and be after the discovery of his danger. (Flower v. Penn. E. E. Co., 69 Pa. St., 210, 8 Amer. Eep., 251; New Orleans, etc., E. E. Co. v. Harrison, 48 Miss., 112, 12 Amer. Eep., 356; Canley v. Pittsburg, etc., Ey.…

1Opinion of the Court

JUDGE HOLT

delivered the opinion op the court.

Robert M. Gfastineau, a boy between fourteen and. fifteen years of age, was run over and killed by a-car of the appellee, wliicli lie was endeavoring to-uncouple from a train, while switching in the company’s yard. In this action by his administrator for damages, the jury found a general verdict for five thousand dollars; and also, by a special verdict, found that the deceased, when killed, was voluntarily assisting the employes of the road, with their' knowledge and consent, in switching the cars; that they discovered his peril, but too late to…

2Cases cited4 opinions

  1. Railroad Co. v. StoutSupreme Court of the United States · 1874
  2. New Orleans, Jackson & Great Northern Railroad v. HarrisonMississippi Supreme Court · 1873
  3. Flower v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1872
  4. Everhart v. Terre Haute & Indianapolis RailroadIndiana Supreme Court · 1881

3Cited by37 opinions

  1. Davis v. HearstCalifornia Supreme Court · 1911
  2. Edgington ex rel. Meyer v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1902
  3. Kirschner v. Louisville Gas & Electric Co.Kentucky Supreme Court · 1988
  4. Louisville & Nashville Railroad v. HuttonCourt of Appeals of Kentucky (pre-1976) · 1927
  5. Shelby's Adm'r v. Cincinnati, New Orleans & Texas Pacific R. R.Court of Appeals of Kentucky · 1887

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