Davis' Admr. v. Ohio Valley Banking & Trust Co.
Court of Appeals of Kentucky
CASE 73. — ACTION BY JOHNNIES DAVIS’ ADMINISTRATOR AGAINST THE OHIO VALLEY BANKING & TRUST CO. FOR NEGLIGENT DEATH OF PLAINTIFF’S INTESTATE. Appeal from Henderson Circuit' Court. J. "W. Henson, Circuit Judge. Judgment for defendant, plaintiff appeals QUESTIONS DISCUSSED AND AUTHORITIES CITED. 1. Sufficiency of plaintiff’s p, tition and amendments thereto, amdi errors of the court sustaining demurrers to same.
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CASE 73. — ACTION BY JOHNNIES DAVIS’ ADMINISTRATOR AGAINST THE OHIO VALLEY BANKING & TRUST CO. FOR NEGLIGENT DEATH OF PLAINTIFF’S INTESTATE. Appeal from Henderson Circuit' Court. J. "W. Henson, Circuit Judge. Judgment for defendant, plaintiff appeals QUESTIONS DISCUSSED AND AUTHORITIES CITED. 1. Sufficiency of plaintiff’s p, tition and amendments thereto, amdi errors of the court sustaining demurrers to same. (2 Chitty’s Pleading, p. 650; Childs v. Drake, 2 Metcaife, p.y 146; Childs v. Drake, 74 Am. Dec.; Watson on Damages, Pleading and Practice, section 698, p. 829, and notes; Benham v.…
1Opinion of the Court
Opinion op the Court by
Judge Carroll
Reversing-
Alleging that his intestate, Johnnie Davis, a boy about 12 years of age, was killed by the negligence of the servants of appellee in operating an elevator in its building, this suit was brought by the administrator to recover damages for his death. The petition charged that decedent lost his life “by the gross negligence of the defendant, its agents, servants, and employes while conducting and managing the said elevator.” In amended petitions it was alleged that the decedent at the time of his death was, by the consent, knowledge, and permission…
2Cases cited6 opinions
- Lou. & Nash. R. R. v. MitchellCourt of Appeals of Kentucky · 1888
- Louisville, Cincinnati & Lexington R. R. v. Case's administratorCourt of Appeals of Kentucky · 1873
- Gaines & Co. v. JohnsonCourt of Appeals of Kentucky · 1907
- City of Owensboro v. York's Admr.Court of Appeals of Kentucky · 1904
- Kentucky Hotel Co. v. CampCourt of Appeals of Kentucky · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Louisville Trust Co. v. MorganCourt of Appeals of Kentucky · 1918
- Estepp v. Norfolk & W. Ry. Co.Court of Appeals for the Sixth Circuit · 1951
- Kalmich v. WhiteSupreme Court of Connecticut · 1920
- Strong v. Louisville Nashville Railroad Co.Court of Appeals of Kentucky (pre-1976) · 1931
- Louisville & Nashville Railroad v. SteeleCourt of Appeals of Kentucky · 1918
21 more not listed; retrieve them via the Exa API.