Illinois Central Ry. Co. v. Sheegog's Admr.
Court of Appeals of Kentucky
CASE 32. — ACTION BY JOHN E. SHEEGOG’S ADMINISTRATOR AGAINST THE ILLINOIS CENTRAL R. R. CO. FOR CAUSING THEÍ DEATH OF PLAINTIFF’S INTESTATE. — Appeal from Union Circuit Court. J. W. Henson, Circuit Judge.
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CASE 32. — ACTION BY JOHN E. SHEEGOG’S ADMINISTRATOR AGAINST THE ILLINOIS CENTRAL R. R. CO. FOR CAUSING THEÍ DEATH OF PLAINTIFF’S INTESTATE. — Appeal from Union Circuit Court. J. W. Henson, Circuit Judge. Judgment for plaintiff, defendant appeals. — POINTS AND AUTHORITIES. 1. No allegation of decedent’s ignorance of alleged condition of the track is made, which renders the petition demurrable: Bogenschutz v. Smith, 84 Ky., 330; L. & N. R. R. Co. v. Mellott, 101 Ky., 215; Williams v. L. & N., Ill Ky., 825; Choctaw, etc., v. McDade, 191 U. S„ 64. 2. A peremptory instruction should have been…
1Opinion of the Court
Opinion op the Court by
Judge Nunn
Affirming.
This action was instituted by the administrator of John E. Sheegog, who was killed in the derailment of an engine and train of cars of which he was engineer at the time. The Chicago, St. Lonis & New *260Orleans Railroad Company, the owner and lessor of the road, Illinois Central Railroad Company, the lessee, and F. J. Dnrbin, the conductor in charge of the train, were made defendants to the action. It was alleged in the petition, in substance, that on the 7th day of May, 1903, his intestate was in the employment of the defendant, Illinois Central…
2Cases cited38 opinions
- Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
- Meyer v. Construction CompanySupreme Court of the United States · 1879
- Grace v. American Central InsuranceSupreme Court of the United States · 1883
- Stone v. South CarolinaSupreme Court of the United States · 1886
- Gold-Washing and Water Co. v. KeyesSupreme Court of the United States · 1878
33 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Louisville & Nashville Railroad v. JohnsonCourt of Appeals of Kentucky · 1916
- Chicago, St. Louis & New Orleans Railroad v. RowellCourt of Appeals of Kentucky · 1912
- Clinger's Admx. v. C. & O. Ry. Co.Court of Appeals of Kentucky · 1908
- McAllister v. Chesapeake & O. Ry. Co.District Court, E.D. Kentucky · 1912
- Chesapeake & Ohio Railway Co. v. Vaughan's AdministratrixCourt of Appeals of Kentucky · 1914
9 more not listed; retrieve them via the Exa API.