Louisville & Nashville R. R. v. McNary's Admr
Court of Appeals of Kentucky
CASE 43. — ACTION BY MARY McNARY’S ADMR. AGAINST THE LOUISVILLE & NASHVILLE R. R. CO FOR CAUSING DEATH OF PLAINTIFFS INTESTATE. — Appeal from Hopkins Circuit Court. David H. Hínchelos, Special Judge. Judgment for plaintiff. Defendant appeals. — POINTS DISCUSSED AND AUTHORITIES CITED. 1. The petition as twice amended did not state any cause of action against appellant, and its demurrers thereto should have been sustained.
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CASE 43. — ACTION BY MARY McNARY’S ADMR. AGAINST THE LOUISVILLE & NASHVILLE R. R. CO FOR CAUSING DEATH OF PLAINTIFFS INTESTATE. — Appeal from Hopkins Circuit Court. David H. Hínchelos, Special Judge. Judgment for plaintiff. Defendant appeals. — POINTS DISCUSSED AND AUTHORITIES CITED. 1. The petition as twice amended did not state any cause of action against appellant, and its demurrers thereto should have been sustained. (L. & N. R. Co. v. Breeden’s Admrx., Ill Ky., 738; Embry v. L. & N. R. Co., 18 Ky. Law Rep., 434; Smith’s Admr. v. I. C. R. Co., 28 Ky. Law Rep., 724; L. & N. R. Co. v.…
1Opinion of the Court
Opinion of the Court by
Judge Hobson
Reversing.
Barnsley, Ky., is a town of the sixth class. It has from 400 to 500 inhabitants. It is a mining town. The Louisville & Nashville Railroad runs through it. There are two stores — one on one side of the railroad, and one on the other. A path runs from- one of these Hores directly across the railroad to a street on the opposite side, the town lying about equally on each side of the railroad. This path was considerably used by the people of the town in passing to and fro, from 50 to 100 people passing along it every day. There was a street crossing…
2Cases cited13 opinions
- Illinois Central Ry. Co. v. Murphy's Admr.Court of Appeals of Kentucky · 1906
- Brown's Admr. v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1895
- Cahill v. CincinnatiCourt of Appeals of Kentucky · 1891
- Conley's Adm'r v. Cincinnati, New Orleans & Texas Pacific Railway Co.Court of Appeals of Kentucky · 1889
- Louisville & Nashville R. R. v. LoweCourt of Appeals of Kentucky · 1904
8 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Chesapeake & Ohio Railway Co. v. Warnock's Admr.Court of Appeals of Kentucky · 1912
- Hummer's Extx. v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1908
- Southern Railway Co. v. SandersCourt of Appeals of Kentucky · 1911
- Smith's Admr. v. C., N. O. & T. P. Ry. Co.Court of Appeals of Kentucky · 1912
- Chesapeake & Ohio Railway Co. v. BoothCourt of Appeals of Kentucky · 1912
51 more not listed; retrieve them via the Exa API.