Jordan's Adm'r v. Cincinnati, New Orleans & Texas Pacific Railroad
Court of Appeals of Kentucky
Case 8 — PETITION ORDINARY APPEAL FROM KENTON CIRCUIT COURT. The personal representative may recover under section 3 of chapter 57, General Statutes, although there is neither widow nor child. The intention of the Legislature must prevail, and that intention must be ascertained by the canon of construction provided by section 17 of chapter 21, General Statutes. Therefore, the word “ heir ” must be given the peculiar and appropriate meaning which it has acquired in the law.
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Case 8 — PETITION ORDINARY APPEAL FROM KENTON CIRCUIT COURT. The personal representative may recover under section 3 of chapter 57, General Statutes, although there is neither widow nor child. The intention of the Legislature must prevail, and that intention must be ascertained by the canon of construction provided by section 17 of chapter 21, General Statutes. Therefore, the word “ heir ” must be given the peculiar and appropriate meaning which it has acquired in the law. It is not necessary to construe the word to mean “ child” in order to make the General Statutes a harmonious system of…
1Opinion of the CourtChief Justice Lewis
This is an action by appellant, administrator, to recover for destruction of the life of James Jordan, by alleged willful neglect of servants of appellee, deceased being at the time employed as engineer on one of its trains.
In the answer it was pleaded in bar of recovery that deceased left no widow or child, to which, as reply, it was stated, he left as heirs a father, mother, sister and brother; but a general demurrer to the answer having been overruled, while that to the reply was sustained, the action was dismissed.
There is thus presented the same question that was made in the case of…
2Cases cited4 opinions
- City of Chicago v. ScholtenIllinois Supreme Court · 1874
- Henderson's Adm'r v. Ky. Cent. R. R.Court of Appeals of Kentucky · 1887
- Lucas v. New York Central Rail RoadNew York Supreme Court · 1855
- Townsend v. RadcliffeIllinois Supreme Court · 1867
3Cited by18 opinions
- Pete v. AndersonKentucky Supreme Court · 2013
- Hindry v. HoltSupreme Court of Colorado · 1897
- Howard's Admr. v. HunterCourt of Appeals of Kentucky · 1907
- Belding v. Black Hills & Ft. P. R.South Dakota Supreme Court · 1892
- Noble v. City of SeattleWashington Supreme Court · 1898
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