Williams' Admr. v. Southern Railway
Court of Appeals of Kentucky
Case 40 — ’Action by Robert Williams’ Admr. against the Southern Railway in Kentucky for Damages for Causing the Death of Plaintiff’s Intestate. APPEAL FROM JEFFERSON CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals.
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Case 40 — ’Action by Robert Williams’ Admr. against the Southern Railway in Kentucky for Damages for Causing the Death of Plaintiff’s Intestate. APPEAL FROM JEFFERSON CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. It is alleged in the petition that a brakeman in the employ of defendant, recklessly, wrongfully, and unlawfully pushed plaintiff’s intestate, a boy fifteen years of age, from the top of a moving car and so maimed him that he died soon thereafter of the injuries. Nine jurors returned a verdict for the' railroad company, and a motion for a new trial having been…
1Opinion of the Court
Opinion of the court by
<HIESF JUSTICE BURNAM
Reversing.
TMs suit was instituted by the appellant, John H. Weller, as administrator of Robert Williams, against the appellee, the Southern Railway in Kentucky, for damages for having caused the death of his decedent. The petition alleges in substance that plaintiff’s intestate, a boy of about 15 years of age, was on top of one of defendant’s freight cars, which was being hauled through the city of Louisville; that one of the defendant’s agents in charge of the train wrongfully pushed or threw him from it to the ground below; and that the fall so…
2Cases cited3 opinions
- Smith v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1893
- Hoffman v. New York Central & Hudson River RailroadNew York Court of Appeals · 1881
- Lexington Ry. Co. v. CozineCourt of Appeals of Kentucky · 1901
3Cited by12 opinions
- Richbourg v. RoseSupreme Court of Florida · 1907
- New Ellerslie Fishing Club v. StewartCourt of Appeals of Kentucky · 1906
- Wakenva Coal Company, Inc. v. JohnsonCourt of Appeals of Kentucky (pre-1976) · 1930
- Trimble v. Kentucky River Coal CorporationCourt of Appeals of Kentucky (pre-1976) · 1930
- Hargis v. Flesher Petroleum Co.Court of Appeals of Kentucky (pre-1976) · 1929
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