Kentucky Highlands R. Co. v. Creal

• Decision Date: 28 October 1915
• Citation: 179 S.W. 417,166 Ky. 469
• Parties: KENTUCKY HIGHLANDS R. CO. v. CREAL.
• Court: Kentucky Court of Appeals

179 S.W. 417

166 Ky. 469

KENTUCKY HIGHLANDS R. CO. v. CREAL.

Court of Appeals of Kentucky.

October 28, 1915

Appeal from Circuit Court, Woodford County.

Action by Henry Creal against the Kentucky Highlands Railroad Company. Judgment for plaintiff, and defendant appeals. Reversed.

T. L Edelen, of Frankfort, for appellant.

Leslie Morris, of Frankfort, and H. A. Schoberth, of Versailles, for appellee.

HANNAH J.

Henry Creal sued the Kentucky Highlands Railroad Company, in the Woodford circuit court, to recover damages for injuries sustained by him in an attempt to board a moving train operated by the defendant. He obtained a verdict and judgment in the sum of $500, and the defendant appeals.

Glenns Creek is a station on the line of railroad operated by appellant company between Frankfort and Versailles. It is about five or six miles from Frankfort. Between Frankfort and Glenns Creek appellant operates a mixed train consisting of both freight and passenger cars. This train leaves Frankfort and proceeds to Glenns Creek, where it takes the siding to await the passing of a through train which goes on to Versailles. When that train has passed, the Glenns Creek train goes out on the main line on the Versailles side of the Glenns Creek depot, and then starts on its return trip to Frankfort.

On the morning of November 1, 1913, the through train was delayed and the Glenns Creek train was compelled to remain on the siding about 20 minutes. While this train was on the siding appellee went into the ticket office and purchased a ticket to Frankfort, and then, as he says, boarded the train, gave his ticket to the conductor, and took a seat therein with several other negroes, destined to Frankfort to attend a funeral. Appellee testified that after boarding the train he discovered that he had neglected to bring his purse with him that he asked the conductor if he would have time to go to his home, a few hundred feet from the depot in the direction of Frankfort, and get his purse, and that the conductor informed him that they would wait for the passing of the through train; that he thereupon left the train and went to his home. When he returned to the depot, the through train had passed, and the Glenns Creek train had backed out from the siding on to the main line and was proceeding in the direction of Frankfort. It proceeded about 700 feet, and passed the Glenns Creek depot without stopping. Will Patterson, a companion of appellee's boarded it as it passed; another companion of appellee's, Frank Jordan, who had purchased a ticket, was at the depot as it passed, but refrained from any attempt to board it. Appellee, in his attempt to do so, was thrown between the coaches, and the wheels of the train passed over his foot, rendering necessary the amputation of the leg just above the ankle. Plaintiff testified that just as he grasped the handrails of the coach of the passing...