Goff v. Anderson
Court of Appeals of Kentucky
Case 57 — PETITION EQUITY — APPEAL FROM CLARK CIRCUIT COURT. A child is not born alive unless there is an independent circulation of the blood of the child after complete birth, and by “ independent circulation ” is meant a circulation maintained by the child’s own vitality independent of that of the mother. (Doe v. Killen, 5 Houst., 16; 2 Black., 127; Beck’s Med.
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Case 57 — PETITION EQUITY — APPEAL FROM CLARK CIRCUIT COURT. A child is not born alive unless there is an independent circulation of the blood of the child after complete birth, and by “ independent circulation ” is meant a circulation maintained by the child’s own vitality independent of that of the mother. (Doe v. Killen, 5 Houst., 16; 2 Black., 127; Beck’s Med. Jur., vol. 1, pages 412, 416; Wharton & Stille, sec. 128; Reg. v. Wright, 9 Car. & P„ 754 (38 E. C. L., 322), Rex. v. Enoch, 5 Oar. & P., 539 (24 E. C. 'L., 446); 1 Chitty’s Black., side pages 126-7.) A child is born alive whenever…
1Opinion of the Court
ÍUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
The single question in this action between the heirs-*304at-law of M. A. Anderson, appellants, and her surviving husband, appellee, claiming as tenant by curtesy land owned by her, is whether there was issue of the marriage born alive.
Evidence of statements on the subject made by her after date of the child’s birth being merely hearsay, and consequently incompetent, the only testimony to be considered is that of the husband and attending physician.
The former states he was present in 1853, right over the child when born, heard it breathe and make a…
2Cited by5 opinions
- Knox College v. Jones Store Co.Supreme Court of Missouri · 1966
- In re the Final Accounting of the Union Trust Co.New York Surrogate's Court · 1915
- Duncan v. FlynnDistrict Court of Appeal of Florida · 1977
- In Re Estate of StuertzNebraska Supreme Court · 1932
- Myers v. BatesCourt of Appeals of Kentucky (pre-1976) · 1942