Salyer v. Consolidation Coal Co.
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Eastern ■ District of Kentucky; Andrew M. J. Cochran, Judge. Action by Carrie Salyer, administratrix of Raleigh Reed, against the Consolidation Coal Company, begun in state court and removed to the federal court. There was a judgment of dismissal, and the succeeding administrator brings error, although the writ appears to have been sued out in the name of the original plaintiff.
1Opinion of the Court
DENISON, Circuit Judge.
Reed was killed July 3, 1915, as the result of an injury he received while working in the coal mine of the Consolidation Company. He was without widow, child, or father, and his mother was appointed administratrix by the appropriate court of probate (the county court) on August 3, 1915. As administratrix, she brought, in a state court, this action to recover the damages for his death, alleging negligence by the company. The defendant removed the case to the court below. Plaintiff was a married woman when appointed. Section 3845 of the Kentucky Statutes provides:
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2Cases cited12 opinions
- Missouri, Kansas & Texas Railway Co. v. WulfSupreme Court of the United States · 1913
- Carden v. L. & N. R. R.Court of Appeals of Kentucky · 1897
- Fentzka's Administrator v. Warwick Construction Co.Court of Appeals of Kentucky · 1915
- McFarland's Admr. v. L. & N. R. R.Court of Appeals of Kentucky · 1908
- Young's Adm'r v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1905
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3Cited by5 opinions
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- Goodrich v. EnglandCourt of Appeals for the Ninth Circuit · 1958