Legal Opinion

Louisville & N. R. R. v. Kimbrough

Court of Appeals of Kentucky

Decided May 7, 1903PublishedCited by 10 opinions

Case 61 — Action by Fred Kimbrough by His Guardian Against the L. & N. R. Co. for Damages for Personal Injuries. APPEAL FROM LOGAN CIRCUIT COURT.

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Case 61 — Action by Fred Kimbrough by His Guardian Against the L. & N. R. Co. for Damages for Personal Injuries. APPEAL FROM LOGAN CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. 1. The Logan County Court has no jurisdiction to appoint a statutory guardian of a non-resident infant unlelss the infant owns real or personal estate situate in thei county. 2. The .right of action m favor of a non-resident infant and against a railroad company for personal, injuries sustained in Logan county, is not “personal estate” within the meaning of section 2015 of the Kentucky Statutes',…

1Opinion of the Court

Opinion op the court bt

JUDGE O’REAR

Reversing.

Appellee, aged about 13 years, while stealing a ride on one of appellant’s passenger trains, in Logan county, fell or was pushed from the steps of the rapidly moving car on which he was riding, and was severely injured. He had been a resident of Clarksville, Tenn., but had abandoned his home there (if it can be said that he .had a home there), with the intention of making his home in this State. He was a waif, abandoned by his mother when he was about six months old, and his father is unknown. Whether his mother was living, or, if living, where,…

2Cases cited3 opinions

  1. Munday v. BaldwinCourt of Appeals of Kentucky · 1880
  2. Williams v. CarrSupreme Court of Pennsylvania · 1829
  3. L. & N. R. R. v. Ft. Wayne Electric Co.Court of Appeals of Kentucky · 1900

3Cited by10 opinions

  1. In Re Adoption of PrattSupreme Court of Minnesota · 1945
  2. Adams v. SmithSupreme Court of Iowa · 1921
  3. Gaidry Motors, Inc. v. BrannonCourt of Appeals of Kentucky (pre-1976) · 1954
  4. Thayer v. . ThayerSupreme Court of North Carolina · 1924
  5. Johnson v. HarveyCourt of Appeals of Kentucky (pre-1976) · 1935

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