Toner's Admr. v. South Covington & C. Street Railway Co.
Court of Appeals of Kentucky
Case 9 — Action to Recover Damages for Death of Plaintiffs INTESTATE APPEAL PROM KENTON CIRCUIT COURT. Judgment por Dependant and Plaintive Appeals. 1. Only in an action by the parent, at common law for loss of service, can the negligence of the parent be used as a defense and this rule does not apply to a statutory action by the personal representative of an infant. 2. But, even if the alleged negligence of the parent applies in this case, the instruction is erroneous,…
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Case 9 — Action to Recover Damages for Death of Plaintiffs INTESTATE APPEAL PROM KENTON CIRCUIT COURT. Judgment por Dependant and Plaintive Appeals. 1. Only in an action by the parent, at common law for loss of service, can the negligence of the parent be used as a defense and this rule does not apply to a statutory action by the personal representative of an infant. 2. But, even if the alleged negligence of the parent applies in this case, the instruction is erroneous, because both parents are beneficiaries and only one of them is shown to have been guilty of contributory neglect. 1- The…
1Opinion of the Court
Opinion of the court by
JUDGE HOBSON
Affirming.
Appellant filed this suit to recover of appellee damages for the loss of the life of his intestate, who was his son, *43and about 4 years old. The proof shows that the child was taken by his mother on the 14th of December to look at a Christmas tree on Tenth street, in Covington. The proof for appellant showed that the mother left the child to look for another, and when she returned he had gone from the place where she had put him, and returned to look at the Christmas tree. As she approached, he started across the street to her, and, the car…
2Cases cited1 opinion
- Louisville & Portland Canal Co. v. MurphyCourt of Appeals of Kentucky · 1872
3Cited by23 opinions
- Hazel v. Hoopeston-Danville Motor Bus Co.Illinois Supreme Court · 1923
- Macdonald v. O'ReillyOregon Supreme Court · 1904
- Keena v. United RailRoads of San FranciscoCalifornia Court of Appeal · 1922
- Kentucky Utilities Co. v. McCarty's AdministratorCourt of Appeals of Kentucky · 1916
- Herrell v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1929
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