Kinney v. Louisville & Nashville Railroad
Court of Appeals of Kentucky
Case 14 — PETITION ORDINARY APPEAL FROM FRANKLIN CIRCUIT COURT. 1. The evidence as to the character of Estes’ claim against appellant, that it originated from a gaming transaction while they were both in jail for fines, was incompetent, and only tended to prejudice the jury against appellant and divert their attention from the real issue. 2. It is the duty of a common carrier to protect its passengers from outrage, insult and injury at the hands of another passenger: and…
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Case 14 — PETITION ORDINARY APPEAL FROM FRANKLIN CIRCUIT COURT. 1. The evidence as to the character of Estes’ claim against appellant, that it originated from a gaming transaction while they were both in jail for fines, was incompetent, and only tended to prejudice the jury against appellant and divert their attention from the real issue. 2. It is the duty of a common carrier to protect its passengers from outrage, insult and injury at the hands of another passenger: and this, although the insulted or injured passenger may have been the debtor of the passenger offei'ing the violence. 1. While…
1Opinion of the Court
JUDGE LANDES
delivered the opinion op the court.
The action was to recover damages from the appellee for failing to protect the appellant, who was a passenger on one of its trains from the city of Louisville to the city of Frankfort, from abuse, violence and alleged robbery at the hands of one Jack Estes, a fello-w passenger.
The lower court, on motion of counsel for appellee, at the *61conclusion of the testimony in behalf of appellant, instructed the jury to find for appellee, which was done, and the petition was accordingly dismissed. The only ma+erial question presented is whether, upon the…
2Cases cited3 opinions
- New Orleans, St. Louis & Chicago Railroad v. BurkeMississippi Supreme Court · 1876
- Britton v. Atlanta & Charlotte Air-Line Railway Co.Supreme Court of North Carolina · 1883
- Sherley v. BillingsCourt of Appeals of Kentucky · 1871
3Cited by12 opinions
- Louisville Railway Co. v. WellingtonCourt of Appeals of Kentucky · 1910
- Miller v. MillsCourt of Appeals of Kentucky (pre-1976) · 1953
- Hall v. Seaboard Air Line Railway Co.Supreme Court of Florida · 1921
- Illinois Central R. R. v. LalogeCourt of Appeals of Kentucky · 1902
- Payne v. MooreCourt of Appeals of Kentucky · 1922
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