McLemore v. Sebree Coal & Mining Co.
Court of Appeals of Kentucky
Case 6. — ACTION BY NANCY B. MIcLBMORE AND OTHERS AGAINST THE SEBREE COAL & MINING CO. FOR-CAUSING THE DEATH OF THOS. J. McLEMORE, &e.— Appeal from Webster Circuit Court. James W. Henson, Circuit Judge. Prom the judgment dismissing tbe petition the plaintiffs appeal. SUMMARY AND AUTHORITIES. The widow and heirs may bring suit upon the administrator’s refusal to do so, he being made a party defendant, the reason being stated in the petition.
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Case 6. — ACTION BY NANCY B. MIcLBMORE AND OTHERS AGAINST THE SEBREE COAL & MINING CO. FOR-CAUSING THE DEATH OF THOS. J. McLEMORE, &e.— Appeal from Webster Circuit Court. James W. Henson, Circuit Judge. Prom the judgment dismissing tbe petition the plaintiffs appeal. SUMMARY AND AUTHORITIES. The widow and heirs may bring suit upon the administrator’s refusal to do so, he being made a party defendant, the reason being stated in the petition. (Civil Code, sec. 24; Brunk v. Means, 11 B, Mon., 217; McChord v. Fis-he-r, 13 B. Mon., 194; Roberts’ Adm’r v. Bales, 10 Ky. Law Rep., 360; Loyd v. Loyd’s…
1Opinion of the Court
Opinion by
Judge Settle
Reversing.
This action was instituted in the Webster Circuit Court against appellee, the Sebree Coal & Mining Co., by the appellant, Nancy B. McLemore, widow of Thomas J. McLemore, deceased, and their eight children (six of them infants, suing by their mother as next friend),' to recover $25,000 damages for the death of the husband and father from a fall in appellee’s mine shaft, alleged in the petition to have been caused by its gross negligence; the decedent being at the time an employe of appellee. In addition to stating a' cause of action for the death of Thomas J.…
2Cases cited1 opinion
- Brunk v. MeansCourt of Appeals of Kentucky · 1850
3Cited by14 opinions
- Drake v. B.F. Goodrich Co.Court of Appeals for the Sixth Circuit · 1986
- City of Louisville v. Hart's Admr.Court of Appeals of Kentucky · 1911
- Vaughn's Adm'r v. Louisville N. R. Co., Etc.Court of Appeals of Kentucky (pre-1976) · 1944
- Howard's Admr. v. HunterCourt of Appeals of Kentucky · 1907
- Bennett v. Bennett's Admr.Court of Appeals of Kentucky · 1909
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