Shadoan's Adm'r v. Cincinnati, N.O. & T.P.R. Co.

Decision Date27 October 1904
Citation82 S.W. 567
PartiesSHADOAN'S ADM'R v. CINCINNATI, N. O. & T. P. R. CO.
CourtKentucky Court of Appeals

Appeal from Circuit Court, Pulaski County.

"Not to be officially reported."

Action by J. L. Shadoan's administrator against the Cincinnati New Orleans & Texas Pacific Railroad Company. From a judgment in favor of defendant, plaintiff appeals. Affirmed.

W. A Morrow and J. W. Colyar, for appellant.

O. H Waddle and John Galvin, for appellee.

BARKER J.

J. L Shadoan was a brakeman in the employ of the Cincinnati, New Orleans & Texas Pacific Railroad Company, a corporation operating a railroad through the state of Kentucky. At the time of the injury complained of in this action he was first brakeman on No. 38, which was a freight train running north. At Whitley, Ky. it met No. 35, a freight train running south. These two trains stopped under orders at the point of meeting, so as to allow No. 31 to pass them. No. 35 was on the siding and No. 38 on the main track, the switch of the siding being open, and the two trains stood facing each other at from 30 to 50 yards apart. The road at this point was down grade looking north, No. 38 being on the higher elevation. The day being warm, the entire crew from each train alighted for the purpose of rest and recreation while waiting for No. 31. Appellant's decedent had gone forward and thrown open the switch of the siding, and then he seems to have climbed into the cab of No. 35, in order (it is said) to obtain a drink of ice water, there being none on his train. At this time, whether from a defect in the throttle of the engine of No. 38, or because the air had so leaked from the air brake as to release them from the wheels, train No. 38 suddenly started and rolled down against No. 35 with such force as to crush the decedent between one of the cars and the tender of the engine of the latter train, inflicting such injuries as caused his death within an hour or two thereafter. To recover damages for this injury this action was instituted, it being alleged in the petition that it was caused by the gross negligence of appellee's agents and servants. On the trial of the case, at the close of appellant's (plaintiff's) evidence, the court sustained the motion of appellee for a peremptory instruction in its favor.

Assuming that the collision of the trains was the result of the negligence of appellee's servants, we think the trial court ruled correctly in...

To continue reading

Request your trial
4 cases
  • Mississippi Cotton Oil Co. v. Smith
    • United States
    • Mississippi Supreme Court
    • 15 d1 Março d1 1909
    ... ... 528 MISSISSIPPI OIL COMPANY v. SARAH J. SMITH ET AL No. 13,450Supreme Court of MississippiMarch 15, 1909 ... ...
  • Mississippi Cotton Oil Co. v. Smith, 13,450
    • United States
    • Mississippi Supreme Court
    • 15 d1 Março d1 1909
    ... ... 528 MISSISSIPPI OIL COMPANY v. SARAH J. SMITH ET AL No. 13,450Supreme Court of MississippiMarch 15, 1909 ... ...
  • Walker of Estate of Walker v. Missouri Pacific Railway Company, a Corp.
    • United States
    • Missouri Court of Appeals
    • 8 d6 Julho d6 1922
    ... ... A. Ry. Co. v. Davis, 23 S.W. 1019; ... Shadoan's Admr. v. Cincinnati N. O. & T. Ry ... Co., 82 S.W. 567; Martin ... instruction No. 1 requires the jury to find, and the evidence ... shows ... ...
  • Russell v. Oregon Short Line R. Co.
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • 6 d1 Maio d1 1907
    ...155 F. 22 RUSSELL v. OREGON SHORT LINE R. CO. No. 1,385.United States Court of Appeals, Ninth Circuit.May 6, ... 413. To ... this list may be added Shadoans, Adm'r, v. C.N.O. & ... T.P.R. Co., 82 S.W. 567, 26 Ky.Law ... ...

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT