Louisville & N. R. R. v. Bodine
Court of Appeals of Kentucky
Case 75 — Action fob Personal Injuries APPEAL FROM LOGAN CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. I. The peremptory instruction asked by the appellant at the conclusion of .the evidence, should have been given by the court, because: (a) At the time the special train passed the place where the injury occurred, the railroad had the exclusive right of way over its track, and had the further right to run its train at any rate of speed it saw proper.
Read the full summary
Case 75 — Action fob Personal Injuries APPEAL FROM LOGAN CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. I. The peremptory instruction asked by the appellant at the conclusion of .the evidence, should have been given by the court, because: (a) At the time the special train passed the place where the injury occurred, the railroad had the exclusive right of way over its track, and had the further right to run its train at any rate of speed it saw proper. (b) The appellant was not required to keep a lookout for persons passing over this private passway, and, (c) The appellee himself…
1Opinion of the Court
Opinion of the court by
JUDGE HOBSON
Affirming.
C. W. Bodine owns a farm in Logan county, through which the line of appellant’s road runs. To enable him to get out from his house to the public road, and to get from one part of his land to the other, a private crossing was *511put in by appellant. This appears to have been a part of the contract for the right of way. Appellant put ballast and the necessary timbers on the crossing, and has maintained it since the road was constructed. Persons visiting his house use the crossing, and when a lane, at the end of his farm, was bad, the public passed…
2Cases cited7 opinions
- Cahill v. CincinnatiCourt of Appeals of Kentucky · 1891
- Houston & Texas Central Railway Co. v. BoozerTexas Supreme Court · 1888
- Rathbun v. . SnowNew York Court of Appeals · 1890
- Clark v. GillespieTexas Supreme Court · 1888
- Johnson's Administrator v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Illinois Cent. R. Co. v. Applegate's Adm'xCourt of Appeals of Kentucky (pre-1976) · 1936
- Stull's Administratrix v. Kentucky Traction & Terminal Co.Court of Appeals of Kentucky · 1916
- Louisville & Nashville R. R. v. Engleman's Adm'rCourt of Appeals of Kentucky · 1909
- Brumfield v. Consolidated Coach CorporationCourt of Appeals of Kentucky (pre-1976) · 1931
- Chesapeake & Ohio Railway Co. v. Young's AdministratorCourt of Appeals of Kentucky · 1912
7 more not listed; retrieve them via the Exa API.