187 Ky. 144 | Ky. Ct. App. | 1919
Opinion op the Court by
Affirming. These appeals are made upon the same record.
On the night of November 28, 1914, at about midnight, John Salyers, was struck, as he claims, by either the tender of an engine of the Chesapeake and Ohio Railway Company, or, by a car of one of its freight trains, while on the Chestnut street crossing, at Clyffeside, which is a small town, 'upon the line-of the railroad, about halfway between Ashland and Catlettsburg. Salyers claims, that, on the night mentioned, he was returning from Ashland to his home at Keyes creek, upon a street car, and when he arrived at Clyffeside, near Keyes creek, he got off of the street car, for the purpose
Salyers instituted this action against the railway company and the engineer, conductor and fireman, who were in charge of the freight train, to recover damages for his injuries, alleging, that they were caused from the negligence of the employees of the railroad company,
Thereafter, another trial was had, in November, 1917, which resulted in a verdict and judgment in favor of Salyers against the railway company, alone, in the sum of $8,000.00. Salyers, in due time, entered a motion to set aside this verdict and judgment, and to substitute, for it, the first verdict and judgment in. the action, which had been erroneously set aside, as contended by him, and together with this motion, filed grounds, and moved the court for a new trial. The railway company, also, filed grounds and moved the court to set aside the verdict and judgment, and to grant a new trial. The motions of both parties were overruled, and each of them has appealed, (a) The motion of Salyers to set aside the last verdict and judgment, and to substitute, for it, the first verdict and judgment, will be first considered. It is urged, by
The judgment is therefore affirmed upon the appeal' of both Salyers and the railway company.