C. & O. Railway Co. v. Perkins
Court of Appeals of Kentucky
CASE 14. — ACTION BY GILSON PERKINS AGAINST THE CHESAPEAKE & OHIO RY. CO. FOR DAMAGES FOR PERSONAL INJURIES Appeal from Lawrence Circuit Court. M. M. Kedwine, Circuit Judge. Judgment for plaintiff, defendant appeals POINTS AND AUTHORITIES. 1. One who is an administrator and heir of a decedent, can not testify concerning transactions with, or acts done oi omitted to-be done, by the deceased.
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CASE 14. — ACTION BY GILSON PERKINS AGAINST THE CHESAPEAKE & OHIO RY. CO. FOR DAMAGES FOR PERSONAL INJURIES Appeal from Lawrence Circuit Court. M. M. Kedwine, Circuit Judge. Judgment for plaintiff, defendant appeals POINTS AND AUTHORITIES. 1. One who is an administrator and heir of a decedent, can not testify concerning transactions with, or acts done oi omitted to-be done, by the deceased. (Civil Code Prae., section 606, subsection 2; Northrip’s Admr. v. Williams et al., 100 S. W.. 1192; Warren Deposit Bank v. Younglove, 66 S. W. 749, 112 Ky. 667; Turner v. Mitchell, 61 S. W., 468; Stagg Co.…
1Opinion of the Court
Opinion op the Court by
Judge Settle
Affirming.
This is the second appeal in' this case. On the first appeal, which was prosecuted by the original plaintiff, Gilson Perkins, the judgment of the circuit court was reversed because of error committed by that court in peremptorily instructing the jury to* find for the defendant. See Perkins v. Chesapeake & Ohio Railway Co., 94 S. W. 636, 29 Ky. Law Rep. 660. As the opinion on the first appeal contains a full statement of the facts constituting the tort complained of by Perkins, it is only necessary to say here that the action was instituted by him'…
2Cases cited2 opinions
- Rogers v. RainsCourt of Appeals of Kentucky · 1896
- Perkins v. Chesapeake & Ohio Ry. Co.Court of Appeals of Kentucky · 1906
3Cited by7 opinions
- Combs v. RoarkCourt of Appeals of Kentucky · 1924
- Thurmond v. ThurmondCourt of Appeals of Kentucky · 1921
- Kentucky & West Virginia Power Co. v. Riley's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1930
- Brown v. WeathersCourt of Appeals of Kentucky (pre-1976) · 1933
- Davis v. KimberlainCourt of Appeals of Kentucky · 1920
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