Austin's Admr. v. Pittsburg, C. C. & St. L. Ry. Co.
Court of Appeals of Kentucky
CASE 34. — ACTION BY THE ADMINISTRATOR OP HENRY C. AUSTIN AGAINST THE PITTSBURG, CINCINNATI, CHICAGO & ST. LOUIS RAILWAY CO. POR DAMAGES POR PERSONAL INJURIES. — March 14. Appeal from. Jefferson Circuit Court, Common Pleas Branch, First Division. Emmet Field, Judge.
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CASE 34. — ACTION BY THE ADMINISTRATOR OP HENRY C. AUSTIN AGAINST THE PITTSBURG, CINCINNATI, CHICAGO & ST. LOUIS RAILWAY CO. POR DAMAGES POR PERSONAL INJURIES. — March 14. Appeal from. Jefferson Circuit Court, Common Pleas Branch, First Division. Emmet Field, Judge. From a judgment overruling a demurrer to the answer plaintiff appeals. 1. Our contention is that where one dies in this State having a claim for damages for a personal injury against another, such claim is a chose in action, and is such an estate as would entitle the county court of the county in which he died to grant letters of…
1Opinion of the Court
*307OpmioN op the Court by
Judge O’Rear
— Reversing.
Henry C. Austin, a citizen of Indiana, was injured by being run over by an engine on appellee’s railroad at a street crossing in Jeffersonville, Ind. He sued tbe appellee in this State to recover damages for the injury, which he charged was occasioned by the gross negligence of appellee’s servants in charge of and operating the engine, by which the injury was inflicted upon him. Some while after his suit was filed he died, still a resident of Indiana. He owned no property in this State. An- administrator was appointed over Ms estate by the…
2Cases cited5 opinions
- Brown's Admr. v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1895
- Baltimore & Ohio Railroad v. JoySupreme Court of the United States · 1899
- Louisville & Nashville Railroad v. Brantley's Adm'rCourt of Appeals of Kentucky · 1894
- Hall's Adm'r v. L. & N. R. R.Court of Appeals of Kentucky · 1897
- Turner's Admx. v. Louisville & N. R. R.Court of Appeals of Kentucky · 1901
3Cited by15 opinions
- Grant v. McAuliffeCalifornia Supreme Court · 1953
- Forrester v. Southern Pacific Co.Nevada Supreme Court · 1913
- Deupree v. LevinsonCourt of Appeals for the Sixth Circuit · 1950
- In re the Estate of KilloughNew York Surrogate's Court · 1933
- Orr v. AhernSupreme Court of Connecticut · 1928
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