C. & O.R. Co. v. Robinson

• Decision Date: 17 December 1926
• Citation: 219 Ky. 26
• Parties: Chesapeake & Ohio Railway Company v. Robinson.
• Court: United States State Supreme Court — District of Kentucky

Page 26

219 Ky. 26

Chesapeake & Ohio Railway Company v. Robinson.

Court of Appeals of Kentucky.

Decided December 17, 1926.

1. Railroads. — Railroad operating train on city street, held not responsible for frightening of team resulting from production of such steam, smoke, noise, dust, or alarm as necessarily resulted from such operation.

2. Railroads. — Servants of railroad operating train on city street, after seeing fright of team and peril of driver, have duty to refrain from doing unusual or unnecessary things calculated to increase fright and peril.

3. Railroads. — As to persons not on railroad operating train on city street which frightened team, obligation to observe care begins when danger is discovered.

4. Railroads — Evidence held insufficient to take to jury question of negligence of railroad operating train on city street, which frightened team.

Appeal from Franklin Circuit Court.

HUNT, NORTHCUTT & BUSH and MORRIS & JONES for appellant.

LESLIE W. MORRIS for appellee.

OPINION OF THE COURT BY DRURY, COMMISSIONER.

Reversing.

The appellant, herein referred to as the defendant, seeks to reverse a judgment for $2,000.00 recovered against it by the appellee, whom we shall refer to as the plaintiff. The defendant's trains pass through Frankfort, Kentucky, over and along approximately the center of Broadway street. This action was begun by the plaintiff in an effort to recover for personal injuries sustained by him as a result of his team's becoming frightened and running away. On March 16, 1925, the plaintiff left his home near Bridgeport in Franklin county, to go to the Thorn Hill neighborhood, in the same county, to get a hay frame. For this purpose, he had removed the bed or body of his wagon, and to the wagon thus stripped, he had hitched a pair of horses, one of which was a rather spirited animal. Plaintiff was seated on the coupling pole of the wagon driving these horses. About 11:00 a.m. he drove out of Washington street into Broadway street, and turned east on the latter. Defendant's passenger train from Louisville, then moving about seven or eight miles an hour, was entering Frankfort on the track that leads down the center of Broadway street. Plaintiff claims his team was so frightened by popping off of steam and the noise of this train, that it ran away, throwing the plaintiff from his wagon and inflicting on him injuries, for which he sought to recover. The defendant had the right to operate its train at the time and place...