Legal Opinion

Morehead's Administratrix v. Bittner

Court of Appeals of Kentucky

Decided April 29, 1899PublishedCited by 3 opinions

Case 61 — ACTION FOR INJURY CAUSING DEATH APPEAL PROM IVAREEN CIRCUIT COURT 1. There was no right of action at common law for intentional killing. Winnegar, admr., v. Cen. Pass. R. Co., 85 Ky., 551; Morgan v. Thompson, 82 Ky., 383. 2. Kentucky Statutes authorizing widow and children to recover damages for death of husband and father. Act. Mar. 10, 18-56 (2 Rev. Stat., 50-9); sec. 2, ch. 1, Gen. Stat.; sec. 4, ch. 1, Ky.

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Case 61 — ACTION FOR INJURY CAUSING DEATH APPEAL PROM IVAREEN CIRCUIT COURT 1. There was no right of action at common law for intentional killing. Winnegar, admr., v. Cen. Pass. R. Co., 85 Ky., 551; Morgan v. Thompson, 82 Ky., 383. 2. Kentucky Statutes authorizing widow and children to recover damages for death of husband and father. Act. Mar. 10, 18-56 (2 Rev. Stat., 50-9); sec. 2, ch. 1, Gen. Stat.; sec. 4, ch. 1, Ky. Stat.; ch. 31, 2 Rev. Stat., 429. 3. Construction of statutes — the rule of ejusdem generis. Kennedy v. Foster, 14 Bush, 482; Com. v. Kammerer, 11 Ky. Law Rep., 777; Brooks v.…

1Opinion of the Court

JUDGE DuRELLE

delivered the opinion of the court.

Appellees, who are the widow and children of Robert Bittner, brought suit against J. S. Morehead, alleging that he “wantonly and maliciously, and not in self-defense, assaulted, wounded, and struck and killed said Robert Bittner with a deadly weapon, a bar of iron, and from the effects of said wounding and striking said Bittner died,” to the damage of appellees. A demurrer to the petition was overruled. Pending the litigation the defendant died. His widow qualified as administratrix, and a motion was made by appellees, and sustained, to revive…

2Cases cited7 opinions

  1. Commonwealth v. HawkinsCourt of Appeals of Kentucky · 1876
  2. Commonwealth v. DuncanCourt of Appeals of Kentucky · 1891
  3. Commonwealth v. BranhamCourt of Appeals of Kentucky · 1871
  4. Donahue v. DrexlerCourt of Appeals of Kentucky · 1884
  5. Moore v. SettleCourt of Appeals of Kentucky · 1884

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3Cited by3 opinions

  1. Hunt v. AuthierCalifornia Supreme Court · 1946
  2. Hunt's v. MutterCourt of Appeals of Kentucky (pre-1976) · 1931
  3. Hunt v. AuthierCalifornia Supreme Court · 1946

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