Reports of Civil And Criminal Cases Decided By the ..., volume 2; volume 79

Cover Reports of Civil And Criminal Cases Decided By the ..., volume 2; volume 79
Reports of Civil And Criminal Cases Decided By the ..., volume 2; volume 79
Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Kentucky (District). Supreme Court, Alexander Keith Marshall, William Littell
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Digitized by Googk -VOL. Lxxix.] SEPTEMBER TERM, 1880. 163 Kentucky Central Railroad Company v. Thomas' adm'r.
In the first instruction given for the plaintiff, the court told the jury, in effect, that no fault on the part of the intes- tate, which did not contribute to the wrecking of the train, would authorize a verdict for the defendant, on the ground of contributory negligence, and refused to instruct, as asked by the defendant, that it was the duty of the intestate to •occupy a seat in one
... of the passenger coaches, and that if he went voluntarily into the express car, and it was more dangerous to ride in that car than in a passenger car, and that his life was lost in consequence of his being in the •express car, they should find for the defendant.
That the intestate was a passenger, and entitled to the privileges and subject to the duties incident to that relation, is not disputed.
When the defense is contributory negligence, the proper question for the jury is, whether the damage was occasioned entirely by the negligence or improper conduct of the de- fendant, or whether the plaintiff himself so far contributed to the misfortune by his own negligence or want of ordi- nary or common care and caution, that but for such negli- gence or want of ordinary care and caution on his part the misfortune would not have occurred.


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