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Legal Opinion

Smith's Admr. v. C., N. O. & T. P. Ry. Co.

Court of Appeals of Kentucky

Decided February 2, 1912PublishedCited by 24 opinions

Appeal from Boyle Circuit Court.

1Opinion of the Court

Opinion of the Court by

William Rogers Clay

Commissioner

Affirming.

Asbury Smith was struck and killed on December 21, 1907, by a train operated by the Cincinnati, New Orleans & Texas Pacific Railway Company. Charging’ that his death was due to the negligence of the railway company and its conductor, Thomas Quinlan, and its engineer, John Knosk, his' administrator brought this action to recover damages. Upon motion of the defendants at the conclusion of all the evidence, the court *569peremptorily instructed the jury to find for them. Judgment was entered accordingly, and the administrator appeals.

The…

2Cases cited4 opinions

  1. Illinois Central Ry. Co. v. Murphy's Admr.Court of Appeals of Kentucky · 1906
  2. Louisville & Nashville R. R. v. McNary's AdmrCourt of Appeals of Kentucky · 1908
  3. Hummer's Extx. v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1908
  4. Southern Ry. Co. v. Winchester's Ex'xCourt of Appeals of Kentucky · 1907

3Cited by24 opinions

  1. Fullenwider v. BrawnerCourt of Appeals of Kentucky (pre-1976) · 1928
  2. Taylor v. Patterson's Adm'rCourt of Appeals of Kentucky (pre-1976) · 1938
  3. Louisville N. R. Co. v. WelshCourt of Appeals of Kentucky (pre-1976) · 1937
  4. Chicago, St. Louis & New Orleans Railroad v. Armstrong's AdministratorCourt of Appeals of Kentucky · 1916
  5. Louisville N. R. Co. v. Curtis' AdministratorCourt of Appeals of Kentucky (pre-1976) · 1929

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