Greshem's Adm'r v. Louisville & N.R. Co.

• Decision Date: 23 January 1894
• Citation: 24 S.W. 869
• Parties: GRESHEM'S ADM'R v. LOUISVILLE & N. R. CO.
• Court: Kentucky Court of Appeals

24 S.W. 869

GRESHEM'S ADM'R v. LOUISVILLE & N. R. CO.

Court of Appeals of Kentucky.

January 23, 1894

Appeal from circuit court, Boyle county.

"Not to be officially reported."

Action by John E. Greshem's administrator, W. S. Sharp, against the Louisville & Nashville Railroad Company for damages. From a judgment for defendant, plaintiff appeals. Affirmed.

Robt. Harding and Robert J. Breckinridge, for appellant.

Thompson & McChord, for appellee.

BENNETT C.J.

John Greshem, a lad about 12 years old, was run over and killed by the appellee's freight train at Junction City, Ky. His administrator, W. S. Sharp, brought this action against the appellee to recover damages for the killing upon the ground that the same was caused by the willful neglect of the appellee. The court, upon the conclusion of appellant's evidence, instructed the jury to find for the appellee, and the same having been done, the appellant has appealed. The facts in reference to the killing are these: There were some boys on the appellee's platform, opposite the appellee's depot, pushing trucks on the platform, and some one called to Greshem from the south side of the road and he started from the north to the south side of the road in the direction of the call. The appellee's train was then about 70 yards from the place that Greshem attempted to cross, and coming in that direction at the rate of about 10 miles an hour. When Greshem got to the south side of the track, he got his foot hung in something, and fell between the rail and the platform, on the south side of the road, and before he could get up the train ran over him and killed him. There was no watchman or flagman at the crossing, nor any stop before the train got to it. The train was so close to the boy when he fell that he did not have time to get up before it ran over him, nor could the train have stopped in time to save him. It is evident that the boy saw the train before he attempted to cross the track, and that he believed he could cross in safety before it could reach him, and he doubtless would have succeeded in the attempt but for the fact that he got his foot hung and fell. It is now contended that if the train had stopped, as required by the statute before it got to the crossing, Greshem would have had ample time to recover from his fall, and have crossed the track in safety; and that, because it failed to stop as required, the killing was the result of willful...