Chesapeake & O. Ry. Co. v. Dixon's Adm'x

Decision Date28 October 1898
Citation104 Ky. 608,47 S.W. 615
PartiesCHESAPEAKE & O. RY. CO. v. DIXON'S ADM'X. [1]
CourtKentucky Court of Appeals

Appeal from circuit court, Boyd county.

"To be officially reported."

Action by Alexander Dixon's administratrix against the Chesapeake & Ohio Railway Company and others to recover damages for the death of plaintiff's intestate. Verdict and judgment for plaintiff, and defendants appeal. Affirmed.

W. H Wadsworth and A. M. J. Cochran, for appellants.

Jas. A Scott and John F. Hager, for appellee.

LEWIS J.

This action was brought by Lucy Dixon, administratrix of Alexander Dixon, against the Chesapeake & Ohio Railway Company, owner and R. H. Chalkey and William Sidles, engineer and fireman of a railroad train, by collision with which plaintiff's intestate was killed. The killing occurred on the crossing of the Chesapeake & Ohio Railroad, leading from Catlettsburg to Ashland, by a turnpike road extending from one to the other of the two cities, and being the only public highway from Catlettsburg to Ashland. The place of said crossing is within the corporate limits of Catlettsburg, and very much used by persons in vehicles and on foot; the proof showing that as many as 500 or more persons cross there each day. Parallel to, and about 8 feet from, the Chesapeake & Ohio Railroad track, is the track of the Ohio & Big Sandy Railroad, likewise crossed by the same highway. The evidence shows that at the time of the occurrence the deceased, Alexander Dixon, who was about 70 years of age, was going on foot from Catlettsburg, westward, to his home, near Ashland. The train which killed him (being a passenger train) was going in the same direction. According to the evidence of eyewitnesses, he had crossed the track of the Ohio & Big Sandy Railroad, and was near to, and about to or had put his foot upon, the track of the Chesapeake & Ohio Railroad, when, his attention being apparently attracted, he looked up the track towards Catlettsburg; but seeing nothing, nor being able to see any object on the track at a greater distance than 600 or 700 feet, on account of a curve in the track and intervening houses, he turned and looked westward along the track, about which time he was struck by the train. The train, which was 15 minutes late, was running, according to the testimony of the engineer, 15 to 20 miles, and, according to the testimony of others, between 30 and 40 miles, per hour. He was struck with such force as to knock his body 8 or 10 feet in the air, and drive it bounding 73 feet, measured. According to the testimony of the engineer, when he first discovered him, Dixon was between the tracks of the Chesapeake & Ohio Railroad and the Ohio & Big Sandy Railroad; that he immediately gave the alarm signal, by short, sharp blasts of the whistle, and put the air brake on, and immediately Dixon looked in the direction of the approaching train, whereupon he released the air brakes, supposing Dixon would get out of danger. But other witnesses testify that the air brake was not put on until after Dixon was struck. The engineer and trainmen testified that a signal, by blowing the whistle, of the approach of the train to the crossing was made at the usual place, and they were corroborated by others not connected with the train; while others, who were near to the whistling post, and whose attention was given to the passing train, testify that there was no whistle until the train had approached very near to the crossing, when there were several short, sharp blasts of the whistle, in quick...

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22 cases
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    • United States
    • North Carolina Supreme Court
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  • George W. Raymond v. Salvatore Capobianco
    • United States
    • Vermont Supreme Court
    • 7 Mayo 1935
    ... ... v. Lippincott ... Glass Co. (Ind. App.), 72 N.E. 183; Chesapeake, ... etc., R. R. Co. v. Dixon's ... Admx., 104 Ky. 608, 47 S.W. 615; Whalen v ... Pennsylvania ... ...
  • Raymond v. Capobianco
    • United States
    • Vermont Supreme Court
    • 7 Mayo 1935
    ... ... 337; Indiana Nitroglycerin, etc., Co. v. Lippincott Glass Co. (Ind. App.) 72 N. E. 183; Chesapeake, etc., R. R. Co. v. Dixon's Adm'x, 104 Ky. 608, 47 S. W. 615; Whalen v. Pennsylvania R. R. Co., 73 ... ...
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