Louisville & N. R. R. v. Herndon's Admr.
Court of Appeals of Kentucky
CASE 71. — ACTION BY W. H. HERNDON’S ADM’R AGAINST THE LOUISVILLE & N. R. R. CO., FOR DAMAGES FOR CAUSING THE DEATH OF PLAINTIFF’S INTESTATE. — Appeal from Hopkins Circiut Court. J. P. Gordon, Circuit Judge. Judgment for plaintiffs, defendant appeals. — POINTS DISCUSSED AND AUTHORITIES CITED. 1. The Kentucky Bank and Trust Co., a corporation, is not authorized by the laws of Kentucky to act as public administrator, in which capacity it is seeking -to maintain this action.
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CASE 71. — ACTION BY W. H. HERNDON’S ADM’R AGAINST THE LOUISVILLE & N. R. R. CO., FOR DAMAGES FOR CAUSING THE DEATH OF PLAINTIFF’S INTESTATE. — Appeal from Hopkins Circiut Court. J. P. Gordon, Circuit Judge. Judgment for plaintiffs, defendant appeals. — POINTS DISCUSSED AND AUTHORITIES CITED. 1. The Kentucky Bank and Trust Co., a corporation, is not authorized by the laws of Kentucky to act as public administrator, in which capacity it is seeking -to maintain this action. Art. 5, ch. 98, Ky. Stats., sections 3903-3908; this question was properly raised by appellant’s general demurrers to the…
1Opinion of the Court
Opinion op the Court by
Judge Nunn
Affirming.
Appellee’s intestate was killed while in the employ of appellant as brakeman, and at work in its yards at Guthrie, Ky., February 9, 1905. The evidence shows, without contradiction, that when killed he was between two cars, standing six or eight feet apart, and was inspecting the coupling apparatus or adjusting the brake knuckle lock. This was in his line of duty as shown by oral evidence, and rules number 130 and 224 of appellant prescribing the duties of a brakeman and other employes. Rule number 224 reads as follows: “Rule 224. All employes are…
2Cases cited2 opinions
- Louisville & Nashville Railroad v. Brantley's Adm'rCourt of Appeals of Kentucky · 1894
- Warfield v. Gardner's adm'rCourt of Appeals of Kentucky · 1881
3Cited by14 opinions
- Rhea v. NewmanCourt of Appeals of Kentucky · 1913
- Crenshaw v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1928
- Commonwealth v. GoldburgCourt of Appeals of Kentucky · 1915
- Banks v. CommonwealthCourt of Appeals of Kentucky · 1911
- Boone County v. Town of VeronaCourt of Appeals of Kentucky · 1921
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