Bozarth's Administrator v. Illinois Central Railroad

1 Citing case

  1. Illinois Central Railroad Co. v. Henry

    255 Ky. 434 (Ky. Ct. App. 1934)   Cited 1 times

    Chesapeake O. R. Co. v. Warnock's Adm'r, 150 Ky. 74, 150 S.W. 29. If there is substantial evidence that the trainmen were not keeping a lookout, or that the train did not give the usual and statutory signals of its approach and one is injured at a crossing, the evidence is regarded as sufficient to take the case to the jury. Illinois Central Railroad Company v. Holmes, 196 Ky. 303, 244 S.W. 768; Bozarth's Adm'r v. Illinois Central Railroad Company, 219 Ky. 786, 294 S.W. 483; Kelch's Gdn. v. C. O. R. Co., supra. While the great weight of the evidence in this case — having due regard for the probabilities — indicates that the plaintiff must have known of the approach of the train in ample time to save himself, yet the evidence to the contrary must be deemed sufficient to authorize a submission of the case to the jury.