Louisville & Nashville R. R. v. Kelly's Administratrix
Court of Appeals of Kentucky
Case 66 — PETITION ORDINARY APPEAL PROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. 1. No right of action survived at common law. L. & P. Canal Co. v. Murphy, 9 Bush, 534; Givens v. K. C. Ry. Co., 89 Ky., 234.) 2. In respect to right of action. (Section 241 of the Constitution, and sections 1 and 3, of chapter 57, of the General. Statutes.) 3. Reduction of power to earn money does not apply in actions for death.
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Case 66 — PETITION ORDINARY APPEAL PROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. 1. No right of action survived at common law. L. & P. Canal Co. v. Murphy, 9 Bush, 534; Givens v. K. C. Ry. Co., 89 Ky., 234.) 2. In respect to right of action. (Section 241 of the Constitution, and sections 1 and 3, of chapter 57, of the General. Statutes.) 3. Reduction of power to earn money does not apply in actions for death. L., C. & L. R. R. Co. v. Case’s Adm’r, 9 Bush, 736; Muldraugh’s Hill, etc., Turnpike Co. v. Maupin, 79 Ky., 105; K. C. Ry. Co. v. Ackley, 87 Ky„ 283.) 4. Exemplary damages not…
1Opinion of the Court
JUDGE DuRELLE
delivered the opixion op the court:
The appellee, Mary Kelly, sought to recover of appellant, $30,000 on account of the loss of the life of her husband and intestate, Janies Kelly, who was an express messenger on one of appellant’s trains.
Appellee alleged in her petition that James Kelly was an employe in the service of the Adams Express Company, and while in the service of said company and 1 raveling in a car belonging to it,.forming a part of a certain train which was being run and operated by the appellant over the lines of its railroad, the defendant, its agents and servants,…
2Cases cited12 opinions
- Chiles v. DrakeCourt of Appeals of Kentucky · 1859
- Louisville, Cincinnati & Lexington R. R. v. Case's administratorCourt of Appeals of Kentucky · 1873
- Maysville & Lexington R. R. v. HerrickCourt of Appeals of Kentucky · 1877
- Louisville, Cincinnati & Lexington Railroad v. Mahony's adm'xCourt of Appeals of Kentucky · 1870
- City of Henderson v. LambertCourt of Appeals of Kentucky · 1871
7 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Horton v. Union Light, Heat & Power Co.Kentucky Supreme Court · 1985
- Williams v. WilsonKentucky Supreme Court · 1998
- Downs v. Sulphur Springs Valley Electric Cooperative, Inc.Arizona Supreme Court · 1956
- Louisville & N. R. R. v. Simrall's Admr.Court of Appeals of Kentucky · 1907
- West Kentucky Coal Co. v. Shoulders' AdministratorCourt of Appeals of Kentucky (pre-1976) · 1930
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