Louisville & N. R. R. v. Eaden
Court of Appeals of Kentucky
CASE 93. — ACTION BY ANNIE EADEN AGAINST THE LOUISVILLE & NASHVILLE R. R. CO., FOR DAMAGES FOR PERSONAL INJURIES. — May 9. Appeal from Hopkins Circuit Court. J. E. GokdoN, Circuit Judge. Judgment for plaintiff. Defendant appeals. POINTS AND AUTHORITIES. 1. There is no legal liability whatever, either under the pleadings or under the evidence. The case is utterly devoid of merit. 2. The petition wholly fails to state a cause of action.
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CASE 93. — ACTION BY ANNIE EADEN AGAINST THE LOUISVILLE & NASHVILLE R. R. CO., FOR DAMAGES FOR PERSONAL INJURIES. — May 9. Appeal from Hopkins Circuit Court. J. E. GokdoN, Circuit Judge. Judgment for plaintiff. Defendant appeals. POINTS AND AUTHORITIES. 1. There is no legal liability whatever, either under the pleadings or under the evidence. The case is utterly devoid of merit. 2. The petition wholly fails to state a cause of action. Demurrer thereto should have been sustained. Appellant was entitled to judgment non obstante. (Davis’ Adm’r, v. C. & O. Ry. Co., 116 Ky., 157; Simons v.…
1Opinion of the Court
OPINION OF THE COURT BY
JUDGE BARKER-—
Reversing.
The appellee, Mrs. Annie Eaden, alleged in lier petition that in September, 1903, wMle slie was standing at or near a private crossing of the Louisville So Nasliville Railroad Company, in Hopkins county, Ky., which was appurtenant to the farm a *821part of which lier husband was occupying as tenant of W. P. Nesbet one of appellants’- trains passed along and the fireman “recklessly, negligently, and wantonly” threw! a shovelful of burning cinders, embers, and ashes into her face, inflicting upon her serious burns and permanent injury to her eyesight,…
2Cases cited2 opinions
- Sullivan v. L. & N. R. R.Court of Appeals of Kentucky · 1903
- Louisville Southern Railroad v. MinogueCourt of Appeals of Kentucky · 1890
3Cited by7 opinions
- Alamo v. Del RosarioCourt of Appeals for the D.C. Circuit · 1938
- Shuck v. KeefeSupreme Court of Iowa · 1928
- Boone v. North Carolina RailroadSupreme Court of North Carolina · 1954
- Chesapeake & Ohio Railway Co. v. FordCourt of Appeals of Kentucky · 1914
- Louisville & Nashville Railroad v. NetheryCourt of Appeals of Kentucky · 1914
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