Clarke's Administrator v. Louisville & Nashville Railroad
Court of Appeals of Kentucky
Case 6 — PETITION ORDINARY 1. Contributory negligence is not available as a defense if there is not a statute authorizing recovery where the life of a person is destroyed by willful neglect, and the facts alleged show that degree of neglect. Section 241, Kentucky Constitution; section 6, Kentucky Statutes; McClure v. Alexander, 15 Ky. L. Rept., 732; Wright v. Wood’s Administrator, 16 Ky.
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Case 6 — PETITION ORDINARY 1. Contributory negligence is not available as a defense if there is not a statute authorizing recovery where the life of a person is destroyed by willful neglect, and the facts alleged show that degree of neglect. Section 241, Kentucky Constitution; section 6, Kentucky Statutes; McClure v. Alexander, 15 Ky. L. Rept., 732; Wright v. Wood’s Administrator, 16 Ky. L. Rept., 337; Payne v. Conner, 3 Bibb, 181; Commonwealth v. Mason, 82 Ky., 256; Southerland on Statutory Construction, secs. 137, 138; Eskridge’s Executor v. C. N. & T. P. R. R. Co., 89 Ky., 374; Claxton’s…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion oe the court:
Decedent, S. D. Clarke, in July, 1894, was a passenger on defendant's passenger train, and whilst going from Carlisle, Ky., to Helena Station, Ky., in passing through a tunnel his arm protruded through a window in the coach, struck an upright timber in the tunnel, which had been placed there by the defendant, and the collision of the arm with the timber inflicted an injury from which he died in a few days thereafter.
It is averred that the accident occurred in the manner as follows): That the intestate was sitting on the left side of the car by a…
2Cases cited6 opinions
- Henderson's Adm'r v. Ky. Cent. R. R.Court of Appeals of Kentucky · 1887
- Jordan's Adm'r v. Cincinnati, New Orleans & Texas Pacific RailroadCourt of Appeals of Kentucky · 1889
- Louisville & Nashville Railroad v. SickingsCourt of Appeals of Kentucky · 1869
- Wright v. Woods' Adm'rCourt of Appeals of Kentucky · 1894
- Favre v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Beiser v. Cin., N. O. & T. P. Ry. Co.Court of Appeals of Kentucky · 1913
- Feige v. HurleyCourt of Appeals for the Sixth Circuit · 1937
- Louisville & Nashville Railroad v. Strange's AdministratrixCourt of Appeals of Kentucky · 1913
- Melville v. Butte-Balaklava Copper Co.Montana Supreme Court · 1913
- Smith's Adm'r v. National Coal & Iron Co.Court of Appeals of Kentucky · 1909
13 more not listed; retrieve them via the Exa API.