Louisville & N. R. R. v. Gilmore's Admr.
Court of Appeals of Kentucky
CASE 13. — ACTION BY JULIA GILMORE’S ADMINISTRATOR AGAINST THE LOUISVILLE & NASHVILLE R. R. CO. FOR CAUSING THE DEATH OF PLAINTIFF’S INTESTATE. Appeal from Jefferson Circuit Court (Common Pleas Branch, Third Division). Matt O’Doherty, Judge. Judgment for plaintiff. Defendant appeals. POINTS AND AUTHORITIES. I. Pleadings and Incompetent Testimony.
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CASE 13. — ACTION BY JULIA GILMORE’S ADMINISTRATOR AGAINST THE LOUISVILLE & NASHVILLE R. R. CO. FOR CAUSING THE DEATH OF PLAINTIFF’S INTESTATE. Appeal from Jefferson Circuit Court (Common Pleas Branch, Third Division). Matt O’Doherty, Judge. Judgment for plaintiff. Defendant appeals. POINTS AND AUTHORITIES. I. Pleadings and Incompetent Testimony. I. Without any allegation whatever as to the use of a pass-way across the tracks, or defendant’s knowledge thereof, evidence of such use is incompetent. (Gividen’s Admr. v. L. & N., 17 R. 789; Embry’s Admr., 18 R. 434; Brown v. L. & N., 97 Ky. 228;…
1Opinion of the Court
Opinion op the Court by
Wm, Rogers Clay, Commissioner
Reversing.
T. M.' Gilmore, administrator of Jnlia Gilmore, instituted this action against appellant, Louisville & Nashville Railroad Company, to recover damages for the death of Julia Gilmore-, which is alleged to have resulted from the negligence of appellant. Prom a judgment for $5,000- in favor of appellee, this appeal is prosecuted.
The death of Mrs-. Gilmore occurred under the fol- * *137lowing circumstances: Appellant maintains double tracks between Louisville and Cincinnati which, in the former city, parallel Frankfort avenue, a public…
2Cases cited2 opinions
- Johnson's Administrator v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1883
- Louisville & Nashville R. R. v. CreightonCourt of Appeals of Kentucky · 1899
3Cited by9 opinions
- Louisville N. R. Co. v. ParkerSupreme Court of Alabama · 1931
- Metts' Administrator v. Louisville Gas & Electric Co.Court of Appeals of Kentucky (pre-1976) · 1928
- Chesapeake & Ohio Railway Co. v. HonakerCourt of Appeals of Kentucky · 1920
- Cincinnati, N. O. & T. P. Ry. Co. v. Wallace's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1937
- Louisville & Nashville Railroad v. GallowayCourt of Appeals of Kentucky (pre-1976) · 1926
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