Sinclair's Admr. v. Ill. Cent. R. R.
Court of Appeals of Kentucky
CASE 98. — DEATH ACTION BY C. D. SINCLAIR'S ADMINISTRATOR AGAINST THE ILLINOIS CENTRAL R. R. COMPANY, &C. — October 21. Appeal from Hardin Circuit Court. Weed S. Chele, Circuit Judge. From a directed verdict for defendant, plaintiff appeals — POINTS AND AUTHORITIES. 1. Contributory negligence is a defense which must be alleged and proven when the action is to recover for death by negligence. (Lexington & Carter Co. M. Co., v. Stephens Ad, 104 Ky., 503; Wille v. East Tenn.
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CASE 98. — DEATH ACTION BY C. D. SINCLAIR'S ADMINISTRATOR AGAINST THE ILLINOIS CENTRAL R. R. COMPANY, &C. — October 21. Appeal from Hardin Circuit Court. Weed S. Chele, Circuit Judge. From a directed verdict for defendant, plaintiff appeals — POINTS AND AUTHORITIES. 1. Contributory negligence is a defense which must be alleged and proven when the action is to recover for death by negligence. (Lexington & Carter Co. M. Co., v. Stephens Ad, 104 Ky., 503; Wille v. East Tenn. Coal Co., 84 S. W., 1166; Brown’s Admr. Y. C. N. O. & T. P. R. R., 92 S. W„ 583; Cumberland Tel. & Tel. do. v. Graves’…
1Opinion of the Court
Opinion of the Court by
Judge Hobson —
Affirming.
O. O. Sinclair was the fireman on train No. 193 on the Illinois Central Railroad going south; and he was killed in a head-on collision with train No. 152, going north. The collision was due to the fact that *831train No. 193 violated its orders. Under its orders, it should have stopped at McHenry and waited there for train No. 152; but it left McHenry on the time of train No. 152, and ran into ‘it about four minutes later. In the collision the fireman and the engineer •of train No. 193 were killed; and this action was. brought by the administrator of…
2Cases cited3 opinions
- Kentucky Central R. R. v. TalbotCourt of Appeals of Kentucky · 1880
- Rogers v. FeltonCourt of Appeals of Kentucky · 1895
- Henderson Trust Co. v. StuartCourt of Appeals of Kentucky · 1900
3Cited by13 opinions
- Commonwealth Life Insurance v. PendletonCourt of Appeals of Kentucky (pre-1976) · 1929
- Wigginton's Adm'r v. Louisville Railway Co.Court of Appeals of Kentucky (pre-1976) · 1934
- City of Ludlow v. AlbersCourt of Appeals of Kentucky (pre-1976) · 1934
- Dolle v. Melrose Properties, Inc.Court of Appeals of Kentucky (pre-1976) · 1934
- Louisville N. R. Co. v. Curtis' AdministratorCourt of Appeals of Kentucky (pre-1976) · 1929
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