Louisville & Nashville R. R. v. Whitlow's Administrator
Court of Appeals of Kentucky
Case 1 — ACTION FOR INJURY CAUSING DEATH The doctrine of contributory negligence pertains peculiarly to the remedy and the lex fori controls. Code of Tennessee, Secs. 3130, 3132, 3133, 3134; Story on Conflict of Laws, Secs. 571-579; Wharton on Conflict of Laws, Secs. 747-8-9; 3 Ency. of Law, 575; Scudder v. Union Nat’l Bank, 91 U. S., 406; Nonce v. Richmond & Danville Ry. Co., 33 Fed. Rep., 429; Herrick v. Railway Co., 31 Minn., 11; Northern Pacific Ry.
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Case 1 — ACTION FOR INJURY CAUSING DEATH The doctrine of contributory negligence pertains peculiarly to the remedy and the lex fori controls. Code of Tennessee, Secs. 3130, 3132, 3133, 3134; Story on Conflict of Laws, Secs. 571-579; Wharton on Conflict of Laws, Secs. 747-8-9; 3 Ency. of Law, 575; Scudder v. Union Nat’l Bank, 91 U. S., 406; Nonce v. Richmond & Danville Ry. Co., 33 Fed. Rep., 429; Herrick v. Railway Co., 31 Minn., 11; Northern Pacific Ry. Co., v. Babcock, 14 Sup. Ct. Rep., 978; 154 U. S., 190; Davis v. Morton, 5 Bush, 161; Depp v. L. & N. R. R. Co., 12 Ky. Law Rep., 366; Owen &…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion op the court.
Whilst T. P. Whitlow was in the service of the appellant as brakeman on one of its trains, he is alleged to have been killed by gross and willful negligence of the servants and employes of the appellant in charge of the train. At the time of his death he was a resident of this State, and his father qualified as his personal representative in the Warren County Court. That the personal representative had the right to maintain the action if the liability existed un*4der the laws of Tennessee can not be questioned. Bruce’s Admr. v. Cin. R. R. Co., 83…
2Cases cited7 opinions
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Scudder v. Union National BankSupreme Court of the United States · 1875
- Herrick v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
- Bruce's Adm'r v. Cincinnati R. R.Court of Appeals of Kentucky · 1885
- Johnson v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Jackson v. AnthonyMassachusetts Supreme Judicial Court · 1933
- Commonwealth Fuel Co. v. McNeilSupreme Court of Connecticut · 1925
- Sharp v. Cincinnati, N. O. & T. P. Ry. Co.Tennessee Supreme Court · 1915
- Caine v. St. Louis S. F. R. Co.Supreme Court of Alabama · 1923
- Long v. Atlantic Coast Line R.Court of Appeals for the Fourth Circuit · 1916
5 more not listed; retrieve them via the Exa API.