Dixie Ohio Express Co. v. Butler

As administratrix of her husband, John Butler, deceased, the plaintiff, Mrs. John Butler, brought suit against the defendant, Dixie Ohio Express Company, to recover damages for the death of the deceased alleged to have been occasioned by the negligent operation of one of the defendant’s trucks. There was a judgment in the circuit court in favor of plaintiff for $2,999 which was affirmed by the Court of Appeals, and this Court g’ranted petition for certiorari.

The declaration alleged that the accident occurred in the State of Kentucky but it did not aver that there was any statute of that State…