Fagg's Admr. v. Louisville & N. R. R. Co.
Court of Appeals of Kentucky
Case 3 — Action to Recover Damages for the Death of Plaintiff’s Intestate APPEAL FROM SIMPSON CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals.
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Case 3 — Action to Recover Damages for the Death of Plaintiff’s Intestate APPEAL FROM SIMPSON CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. This, action was brought by the administrator of Solon Fagg to recover damages for the death of his intestate, and his petition having been dismissed on demurrer he prosecutes this appeal. •He alleges in the first paragraph that his intestate, in a drunken and helpless condition, boarded one of defendant’s trains in a cut within the limits of the city of Franklin, and ■that defendant’s servants in charge of said train then and there…
1Opinion of the Court
*32Opinion op the court by
CHIEF JUSTICE PAYNTER
Reversing.
The plaintiff, J. P. Waldron, administrator of Solon Fagg, deceased, instituted this suit against the appellee to recover damages for the alleged negligent killing of the intestate. The question here for review is the -action of the court in sustaining a demurrer to the- petition as amended, and in dismissing it upon appellant’s failure to plead further. It is in two paragraphs-, but, in our opinion, it was not necessary or proper to thus paragraph-it. If it is good-, it simply states -one cause of action; that is, the appellee’s negligent…
2Cases cited10 opinions
- Indianapolis, Peru & Chicago Railway Co. v. PitzerIndiana Supreme Court · 1886
- Isbell v. New York & New Haven RailroadSupreme Court of Connecticut · 1858
- Atchison, Topeka & Santa Fé Railroad v. WeberSupreme Court of Kansas · 1885
- Haug v. Great Northern Railway Co.North Dakota Supreme Court · 1898
- Louisville, Cincinnati & Lexington Railroad v. SullivanCourt of Appeals of Kentucky · 1884
5 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
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- Lammers v. Pacific Electric Ry. Co.California Supreme Court · 1921
- Joseph Galvin v. William H. Jennings, Individually and Trading as Poison Pete's TavernCourt of Appeals for the Third Circuit · 1961
- Lynne Stockberger, Both Personally and as the Representative of Maurice Stockberger, Deceased v. United StatesCourt of Appeals for the Seventh Circuit · 2003
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