Legal Opinion

L. & N. R. R. v. Williams

Court of Appeals of Kentucky

Decided March 26, 1898PublishedCited by 3 opinions

Case 54 — PETITION ORDINARY APPEAL PROM KNOX CIRCUIT COURT. 1. The charter provision requiring actions'to be brought against appellant within six months after the injury is constitutional and has been upheld by this court.

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Case 54 — PETITION ORDINARY APPEAL PROM KNOX CIRCUIT COURT. 1. The charter provision requiring actions'to be brought against appellant within six months after the injury is constitutional and has been upheld by this court. O’Bannon v. L., C. & L. R. R. Co., 8 Bush, 388; Mortimer v. L. & N. R. R. Co., 10 Bush, 485. " 2. The evidence is insufficient to show negligence 1. Since the adoption of the General Statutes, for a term of twenty-three years, the charter provision in question has been recognized and treated by litigants all over the State, and by all the courts of the State, including this…

1Opinion of the Court

JUDGE PAYNTER

delivered the opinion of the court.

The petition was filed on the 14th day of May, 1894, in which it is averred that on the-June, 1893, the train of the appellant ran over and killed a mare belonging to the plaintiff and one Hamons, of the value of $105; that it was the result of the negligence of those in charge of the train, etc. The action was not brought within six *377months after the mare was killed. There is a provision in the charter of the appellant which requires actions like this to be brought within six months after the accident.

Two questions are involved in this case.…

2Cases cited7 opinions

  1. Bank of Columbia v. OkelySupreme Court of the United States · 1819
  2. Terry v. AndersonSupreme Court of the United States · 1877
  3. Sohn v. WatersonSupreme Court of the United States · 1873
  4. Chicago Life Insurance v. NeedlesSupreme Court of the United States · 1885
  5. Levy Court of Washington Cty. v. RinggoldSupreme Court of the United States · 1831

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. McGuire v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1906
  2. Gymnastic Ass'n of the South Side of Milwaukee v. City of MilwaukeeWisconsin Supreme Court · 1906
  3. Bass & Co. v. Trustees of Madisonville Christian ChurchCourt of Appeals of Kentucky (pre-1976) · 1933

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