Louisville Southern Railway Co.'s Receivers v. Tucker's Administrator
Court of Appeals of Kentucky
Case 62 — ACTION FOR NEGLIGENCE CAUSING DEATH (Brief withdrawn). 1. The State court was right in declining to surrender jurisdiction to the federal court. 2. Although the judgment is joint, it may be reversed as to one of the defendants, the Louisville Southern Railway Company, and affirmed as to the receivers.
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Case 62 — ACTION FOR NEGLIGENCE CAUSING DEATH (Brief withdrawn). 1. The State court was right in declining to surrender jurisdiction to the federal court. 2. Although the judgment is joint, it may be reversed as to one of the defendants, the Louisville Southern Railway Company, and affirmed as to the receivers. Civil Code, sec. 763; Black on Judgments, secs. 160 and 207; same, sec. 211; Pfaffinger v. Gil-man, 28 S. W. R., 1089. 3. Defendant’s motion for a peremptory instruction was properly , denied. 4. There was no error in giving or refusing instructions. L. & N. R. R. Co. v. McCoy, 81 Ky.,…
1Opinion of the Court
JUDGE BURNAM
delivered the opinion of the court.
The personal representative of W. T. Tucker brings this action to recover the sum of $2,000 for the loss of the life of his intestate, alleging that the defendant, the Louisville Southern Railway Company, is a Kentucky corporation, and as such constructed and operated a line of railroad in this State; that in July, 1893, the railroad was put into the hands of the defendants, Spencer and Fink, as receivers, by order of the United States Circuit Court for Kentucky in the action of the Central Trust Company of New York against the Louisville…
2Cases cited5 opinions
- McNulta v. LochridgeSupreme Court of the United States · 1891
- Texas & Pacific Railway Co. v. JohnsonSupreme Court of the United States · 1894
- Loving v. CommonwealthCourt of Appeals of Kentucky · 1898
- Hazelrigg v. BronaughCourt of Appeals of Kentucky · 1879
- Joyes v. HamiltonCourt of Appeals of Kentucky · 1874
3Cited by8 opinions
- McGee v. VanoverCourt of Appeals of Kentucky · 1912
- Louisville & Nashville Railroad v. Slusher's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1927
- Citizens' State Bank of Ft. Gibson v. StrahanSupreme Court of Oklahoma · 1916
- WL Harper Company v. SlusherCourt of Appeals of Kentucky (pre-1976) · 1971
- Smith v. Overstreet's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1935
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