Louisville, H. & St. L. R. v. Hathaway's Ex'tx
Court of Appeals of Kentucky
Case 84. — ACTION BY ALBERT C. HATHAWAY’S EXECUTRIX AGAINST LOUISVILLE, H. & St. L. R. CO. FOR CAUSING THE DEATH OF PLAINTIFF’S INTESTATE. Appeal from Jefferson Circuit Court, Common Pleas Branch., Second Division. Ti-iomas R. Gordon Judge. Judgment for plaintiff. Defendant appeals.
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Case 84. — ACTION BY ALBERT C. HATHAWAY’S EXECUTRIX AGAINST LOUISVILLE, H. & St. L. R. CO. FOR CAUSING THE DEATH OF PLAINTIFF’S INTESTATE. Appeal from Jefferson Circuit Court, Common Pleas Branch., Second Division. Ti-iomas R. Gordon Judge. Judgment for plaintiff. Defendant appeals. POINTS AND AUTHORITIES. 1. When, by deducting one rough estimate of a distance from another rough estimate of a distance between a running train and a stationary object, the remainder is a distance of thirty feet, which at the rate of- speed of the train, would be traversed in one and one-half seconds, and on this…
1Opinion of the Court
Opinion by
Judge Barker
Reversing.
This action was instituted in the Jefferson Circuit Court to recover damages for the death of Albert C. Hathaway, caused, as is alleged, by the negligence of the appellant railroad company in running over and cutting off his arm, from which injury he died. The answer controverted the material facts of the petition and alleged contributory negligence, which was denied by reply, thus completing the issues in the case. A trial by a jury resulted in a verdict of $3,000 in favor of the appellee, of which the corporation is now complaining.
*669The facts are these: Albert…
2Cases cited2 opinions
- Early's Admr. v. Louisville, H. & St. L. Ry. Co.Court of Appeals of Kentucky · 1903
- Goodman's Admr. v. Louisville & N. R. R.Court of Appeals of Kentucky · 1903
3Cited by11 opinions
- Illinois Central Ry. Co. v. Murphy's Admr.Court of Appeals of Kentucky · 1906
- Southern Railway Co. v. DrakeSupreme Court of Alabama · 1910
- Spiegle v. Cincinnati, New Orleans & Texas Pacific RailroadCourt of Appeals of Kentucky · 1916
- Missouri, K. & T. Ry. Co. v. LenahanSupreme Court of Oklahoma · 1917
- Wimsatt's Administratrix v. Louisville & Nashville RailroadCourt of Appeals of Kentucky (pre-1976) · 1930
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