Sherrill v. Chesapeake, Ohio & Southwestern Railway Co.
Court of Appeals of Kentucky
Case 48 — PETITION ORDINARY APPEAL EROM HARBIN CIRCUIT COURT. 1. The father has no cause of action for the death of his son under the statute. (Henderson v. K. C. R. Co., 9 Ky. Law Rep., 625; L. & N. R. Co. v. Sanders, 9 Ky. Law Rep.) 2. The Hardin Circuit Court had no jurisdiction of the action. (Civil Code, section 73.) The defendant’s principal office and place of business being in Louisville, it was a resident of that county within the meaning of section 73 of the Code.
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Case 48 — PETITION ORDINARY APPEAL EROM HARBIN CIRCUIT COURT. 1. The father has no cause of action for the death of his son under the statute. (Henderson v. K. C. R. Co., 9 Ky. Law Rep., 625; L. & N. R. Co. v. Sanders, 9 Ky. Law Rep.) 2. The Hardin Circuit Court had no jurisdiction of the action. (Civil Code, section 73.) The defendant’s principal office and place of business being in Louisville, it was a resident of that county within the meaning of section 73 of the Code. (MnDormant v. L., C. & L. R. Co., 11 Bush, 386.) 3. The objection to jurisdiction was not waived by the failure to make…
1Opinion of the CourtChief Justice Lewis
Appellant brought this action in the Hardin Circuit Court to recover damages for destruction of life of his son, John T. Sherrill, by alleged willful neglect of appellee’s servants and agents, and the only inquiry we deem it necessary to make on this appeal is, whether the lower court erred in overruling demurrer to second paragraph of the answer, in which it is stated that neither the plaintiff, his intestate, the defendant, nor its chief officers ever resided in Hardin county, and that the plaintiff’s intestate did not receive the injury therein.
Section 73, Civil Code, is as follows :…
2Cited by3 opinions
- Harper v. Newport News & Mississippi Valley Co.Court of Appeals of Kentucky · 1890
- Illinois Central Ry. Co. v. Stith's Adm'xCourt of Appeals of Kentucky · 1905
- Eichhorn v. Louisville & N. R. R.Court of Appeals of Kentucky · 1901