Louisville & Nashville Railroad v. Graham's Adm'r
Court of Appeals of Kentucky
Case 111 — PETITION ORDINARY — APPEAL FROM LOGAN CIRCUIT COURT. 1. The court erred in refusing to instruct the jury that the measure of damages “is a fair and reasonable compensation for the value of the power to earn money which was destroyed by the death of Graham.” 2. Under the Alabama law as proved in this case, which applies here,. the true measure of damages in eases of this character is such a-sum as being put at interest will each year by deducting a part, of the…
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Case 111 — PETITION ORDINARY — APPEAL FROM LOGAN CIRCUIT COURT. 1. The court erred in refusing to instruct the jury that the measure of damages “is a fair and reasonable compensation for the value of the power to earn money which was destroyed by the death of Graham.” 2. Under the Alabama law as proved in this case, which applies here,. the true measure of damages in eases of this character is such a-sum as being put at interest will each year by deducting a part, of the principal and adding to it the interest yield an amount of money equal to the wages which were earned by the deceased…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion of the court.
This actionwas brought by the personal representative of T. F. Graham, deceased, against the Louisville & Nashville R. R. Go. to recover damages for the death of his intestate, which is alleged to have resulted from defendant’s servants and agents negligently operating a locomotive on its track at Bessemer, Ala., in July, 1892.
The trial resulted in a verdict against the defendant for the sum of $6,908.98.
The locomotive ran over the deceased, inflicting injuries which produced his death some hours afterward. He left four small children. His wife…
2Cases cited3 opinions
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. TrammellSupreme Court of Alabama · 1890
- James v. Richmond & Danville RailroadSupreme Court of Alabama · 1890
3Cited by10 opinions
- Moore v. HartCourt of Appeals of Kentucky · 1916
- Missouri, O. & G. Ry. Co. v. LeeSupreme Court of Oklahoma · 1918
- Lauria v. E. I. Du Pont De Nemours & Co.District Court, E.D. New York · 1917
- Louisville & Nashville R. R. v. SmithCourt of Appeals of Kentucky · 1909
- National Casket Co. v. PowarCourt of Appeals of Kentucky · 1910
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