Nichols' Adm'r v. Louisville & N.R. Co.

• Decision Date: 10 January 1888
• Citation: Nichols' Adm'r v. Louisville & N.R. Co., 6 S.W. 339 (Ky. Ct. App. 1888)
• Parties: NICHOLS' ADM'R v. LOUISVILLE & N. R. CO.
• Court: Kentucky Court of Appeals

6 S.W. 339

NICHOLS' ADM'R v. LOUISVILLE & N. R. CO.

Court of Appeals of Kentucky.

January 10, 1888

Appeal from circuit court, Nelson county.

The administrator of Thomas Nichols brought action against the Louisville & Nashville Railroad Company to recover damages for the death of the deceased, alleged to have been caused by the willful negligence of the defendant's employes. Judgment for defendant. Plaintiff appealed.

Geo. S Fulton, for appellant.

Wm Johnson, for appellee.

PRYOR C.J.

The appellant's intestate was run over and killed by a freight train of the appellee, and it is claimed that it was caused by the willful negligence of the employes on the train. The intestate was a deaf mute, and walking on appellee's road, about 400 yards from Samuel's depot with his back to the approaching train. The regular signal of blowing the whistle and ringing the bell was made as the train approached the depot, and one having the sense of hearing could and must have known that a train was approaching. It was moving at the rate of 12 or 14 miles an hour, and another person, being on the road between the depot and where the unfortunate man was killed, stepped off the track as the train approached, but the deceased paid no...