Cumberland Telegraph & Telephone Co. v. Martin's Admr.
Court of Appeals of Kentucky
Case 59 — Action by Walter Martin’s Admr. against the Cumberland Telegraph and Telephone Co. for Causing Death oe Plaintiff's Intestate. APPEAL FROM LINCOLN CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. The deceased was killed by a stroke of lightning while sitting upon a box under the porch of a store building belonging to a man named Ike- Hamilton. The store was not occupied, but deceased had gone there with others to get shelter from a storm.
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Case 59 — Action by Walter Martin’s Admr. against the Cumberland Telegraph and Telephone Co. for Causing Death oe Plaintiff's Intestate. APPEAL FROM LINCOLN CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. The deceased was killed by a stroke of lightning while sitting upon a box under the porch of a store building belonging to a man named Ike- Hamilton. The store was not occupied, but deceased had gone there with others to get shelter from a storm. The claim against the telephone company is based upon the1 theory that the lightning which caused Martin’s death struck a wire…
1Opinion of the Court
Opinion of ti-ie couet by
JUDGE HOBSON
Reveksing.
Appellee filed ,tbis action to recover of appellant for tlie death of his intestate, Walter Martin, a young man twenty-five years old, charging that his death was caused by the negligence of appellant. He recovered judgment for $5,000, The only question we deem it necessary to consider on the appeal is whether the facts shown on the trial warranted a recovery. These facts are as' folows:: On May 18, 1901, a dark cloud came up at Roland, Ky. The deceased, in com*557pany with another young man.and some hoys, took refuge from the rain under the porch-…
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