Turner's Admx. v. Louisville & N. R. R.
Court of Appeals of Kentucky
Case 105 — Action to Recover Damages for the Death of Plaintiff’s Intestate — APPEAL FROM BOYLE CIRCUIT COURT. Judgment for'Defendant and Plaintiff Appeals. John E. Turner, an employe of appellee, was on September 26, 1899, run over by. appellee’s freight train in its yard at Mt. Pleasant, Tenn., and died-from injuries received In three weeks thereafter.
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Case 105 — Action to Recover Damages for the Death of Plaintiff’s Intestate — APPEAL FROM BOYLE CIRCUIT COURT. Judgment for'Defendant and Plaintiff Appeals. John E. Turner, an employe of appellee, was on September 26, 1899, run over by. appellee’s freight train in its yard at Mt. Pleasant, Tenn., and died-from injuries received In three weeks thereafter. His death was caused by the failure of appellee to provide a reasonably safe place in its yards for him to work, and in consequence thereof, in the darkness of the night, he stepped into a hole and the train ran over him. After the injury,…
1Opinion of the Court
Opinion of the court by
JUDGE WHITE
Reversing.
The appellant as the administratrix of John E. Turner, brought this action for damages for the death of Turner while engaged in the service of appellee. The injury and *882death occurred in the state of Tennessee. Appellant was appointed administratrix in the county court of Boyle county. Appellee filed special plea to the jurisdiction of the court,, questioning the authority of the Boyle county court to appoint an administrator, and also questioning the jurisdiction of the court under section 73, Civ. Code Prac. Upon these questions the court, upon…
2Cases cited1 opinion
- Hall's Adm'r v. L. & N. R. R.Court of Appeals of Kentucky · 1897
3Cited by7 opinions
- Forrester v. Southern Pacific Co.Nevada Supreme Court · 1913
- Austin's Admr. v. Pittsburg, C. C. & St. L. Ry. Co.Court of Appeals of Kentucky · 1906
- Louisville & Nashville Railroad v. Spears' Admr.Court of Appeals of Kentucky · 1921
- Illinois Central Ry. Co. v. Stith's Adm'xCourt of Appeals of Kentucky · 1905
- Lemon's Admr. v. L. & N. R. R.Court of Appeals of Kentucky · 1910
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