Louisville & Nashville Ry. Co. v. Helm
Court of Appeals of Kentucky
Case 83. — .ACTION BY WILSON HELM AGAINST THE LOUISVILLE & NASHVILLE RY. CO. FOR DAMAGES FOR PERSONAL INJURIES. Appeal from Boyle Circuit Court. "W. C. Bell Circuit Judge. Judgment for plaintiff. Defendant appeals. POINTS AND AUTHORITIES DISCUSSED. 1. The Boyle Circuit Court had no jurisdiction of appellant.
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Case 83. — .ACTION BY WILSON HELM AGAINST THE LOUISVILLE & NASHVILLE RY. CO. FOR DAMAGES FOR PERSONAL INJURIES. Appeal from Boyle Circuit Court. "W. C. Bell Circuit Judge. Judgment for plaintiff. Defendant appeals. POINTS AND AUTHORITIES DISCUSSED. 1. The Boyle Circuit Court had no jurisdiction of appellant. (Civil Code, secs. 73, 92, sub-sec. 1; Harper, &c. v. N. N. & M. Y. Co., 90 Ky., 359-363; Morris v. Gilmer, 129 U. S., 315, and cases there cit.ed; Jacobs, Adm’r v.' L. & N. R. Co., 10 Bush, p. 269.) 2. There being no good plea of tender, the judgment should have been for appellant,…
1Opinion of the Court
Opinion by
Judge Settle
Affirming.
The appellee, Wilson Helm, -while serving the appellant, Lonisville & Nashville Railroad Company, as a section hand, was injured in a collision between a hand car upon which, he and some of his fellow serve i were riding, and one of appellant’s freight trains. The injuries sustained by appellee were a fracture of one leg and other wounds upon different parts of the body, the fracture of the leg resulting in its amputation. For the injuries thus sustained he instituted this action against appellant in the Boyle Circuit Court, laying his damages- at $10,000, and…
2Cases cited1 opinion
- Louisville & Nashville R. R. v. McElroyCourt of Appeals of Kentucky · 1896
3Cited by9 opinions
- Toppass v. Perkins' AdministratrixCourt of Appeals of Kentucky (pre-1976) · 1937
- Western & Southern Life Ins. v. QuinnCourt of Appeals of Kentucky · 1908
- Bramble v. Cin. F. L. & S. E. R. R.Court of Appeals of Kentucky · 1909
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. GoodeCourt of Appeals of Kentucky · 1916
- Vincennes Bridge Company v. PoulosCourt of Appeals of Kentucky (pre-1976) · 1930
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