Legal Opinion

Louisville & N. R. R. v. Pointer's Admr.

Court of Appeals of Kentucky

Decided October 16, 1902PublishedCited by 21 opinions

Case 114 — Action by Charles Pointer, Admr., to Recover Damages for the Death of Plaintiff’s Intestate. APPEAL FROM IVHITLEY CIRCUIT COURT. Judgment fob Plaintiff and Defendant Appeals. The plaintiff’s original petition showed that the death of plaintiff’s intestate occurred in Virginia, but it contained no reference whatever, to any law of that State which gives a right of action for damages for the death of a person by reason of a negligent or wrongful act of another.

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Case 114 — Action by Charles Pointer, Admr., to Recover Damages for the Death of Plaintiff’s Intestate. APPEAL FROM IVHITLEY CIRCUIT COURT. Judgment fob Plaintiff and Defendant Appeals. The plaintiff’s original petition showed that the death of plaintiff’s intestate occurred in Virginia, but it contained no reference whatever, to any law of that State which gives a right of action for damages for the death of a person by reason of a negligent or wrongful act of another. As thus framed, the petition' stated no cause of action, because, at common law, no such right of action exists, and, in the…

1Opinion of the Court

Opinion ok tiie court ry

JUDGE O’REAR

Affirming.

Charles Pointer, a fireman on one of appellant’s locomotives, was killed 17th March, 1899, in Lee county, Va., hv the wrecking of his train. A large rock, or quantity of rock and dirt, slipped from the side of a cut through which the railroad passed, and, not being discovered in time, the train ran into it. The train was derailed, and appellee’s intestate was scalded and otherwise injured by the overturning of the locomotive, from which injuries he died. On March 8, 1900, this suit was filed in the Whitley circuit court by his administrator to…

2Cases cited15 opinions

  1. Ellison v. Georgia RailroadSupreme Court of Georgia · 1891
  2. Richmond Locomotive Works v. FordSupreme Court of Virginia · 1897
  3. Norfolk & Western Railroad v. Nuckol's Adm'rSupreme Court of Virginia · 1895
  4. Russell Creek Coal Co. v. WellsSupreme Court of Virginia · 1898
  5. Moon's Adm'r v. R. & A. R. R.Supreme Court of Virginia · 1884

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3Cited by21 opinions

  1. Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1908
  2. Benge's Administrator v. FoutsCourt of Appeals of Kentucky · 1915
  3. Great Atlantic & Pacific Tea Co. v. SmithCourt of Appeals of Kentucky (pre-1976) · 1939
  4. Louisville & Nashville Rd. v. GreeneOhio Supreme Court · 1925
  5. Title Guaranty & Surety Co. v. CommonwealthCourt of Appeals of Kentucky · 1911

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