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

• Decision Date: 25 February 1898
• Citation: 44 S.W. 1112
• Parties: LOUISVILLE & N. R. CO. v. WARD'S ADM'R.
• Court: Kentucky Court of Appeals

44 S.W. 1112

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

Court of Appeals of Kentucky.

February 25, 1898

Appeal from circuit court, Jefferson county.

"Not to be officially reported."

Action by Patrick Ward, administrator of Mary Ward, deceased against the Louisville & Nashville Railroad Company. From a judgment for plaintiff, defendant appeals. Reversed.

B. D Warfield, Lyttleton Cooke, and H. W. Bruce, for appellant.

George Weissinger Smith and O'Neal & Pryor, for appellee.

GUFFY J.

This action was instituted by Patrick Ward, administrator of Mary Ward, against the defendant (now appellant), seeking to recover damages in the sum of $20,000 for the alleged killing of said Mary Ward by the defendant, its agents and servants. It is substantially alleged in the petition that on the 19th day of June, 1894, the defendant and its servants and agents had under their control, and were operating, a train of cars propelled by steam, over and along Ninth street, a public street in the city of Louisville, Ky. Plaintiff says that Oak street is a public street in said city, and intersects with Ninth street at a place where said city is thickly inhabited. The defendant, its agents and servants, by their gross negligence in operating and managing said train, and by their gross negligence in running said train at a high and dangerous rate of speed over said Ninth street, and across Oak street, and by their negligence in failing to have at said time a watchman or lookout at the intersection of said streets with said railroad, at which point there is a public crossing, over which, both during the day and night, many persons and vehicles are constantly passing to and fro, all of which was known to the defendant, and by their gross negligence in failing to have at said public crossing electric gongs or other precautions for the protection of persons, and by their gross negligence in failing to have gates at said crossing at the time of said injuries, then and there wrongfully and negligently ran said train against and over plaintiff's intestate Mary Ward, who was lawfully crossing said Ninth street, over or near said public crossing, whereby, without fault upon her part, she was violently thrown to the ground, and died almost immediately from the effects thereof, all to the damage of decedent's estate in the sum of $20,000. The answer in substance denies that on the night of June 19, 1894, it or its servants or agents had under their control or were operating a train of cars, propelled by steam, over and along Ninth street, and denies that Ninth street, between Oak street and Kentucky street, is a public street in the city of Louisville, or that Oak street intersects Ninth street in said city. It is also denied that at said time its agents or servants were guilty of gross negligence, or any negligence, in running said train at a high or dangerous rate of speed, or any speed, over Ninth street or any other street, or that by its negligence in failing to have at said time a watchman or lookout at the intersection of Oak street or other place at which there is a public crossing, over which during both day and night many persons or vehicles are constantly passing; denies that all of which was known to the defendant. Defendant also denies any negligence on account of failure to use, as a precaution, electric gongs for the protection of persons at the point where Oak street crosses its track or otherwise; denies that said Mary Ward was rightfully or otherwise crossing said Ninth street, or without fault upon her part fell or otherwise was thrown to the ground, or died...