Owensboro & Nashville Ry. Co. v. Barclay's Administrator
Court of Appeals of Kentucky
Case 4 — PETITION ORDINARY APPEAL FROM LOGAN CIRCUIT .COURT. 1. Upon the evidence introduced the change of venue should have been granted. 2. The petition alleged two separate and distinct causes of action, and the appellant’s motion to require the plaintiff to elect which of them it would prosecute, should have been sustained, Conner’s Adm’r v. Paul, 12 Bush, 144; Hansford v. Payne, 11 Bush, 380; Donahue v. Dexter, 82 Ky., 157; Haekett’s Adm’r v. L., St. L. & T. Ry., 95…
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Case 4 — PETITION ORDINARY APPEAL FROM LOGAN CIRCUIT .COURT. 1. Upon the evidence introduced the change of venue should have been granted. 2. The petition alleged two separate and distinct causes of action, and the appellant’s motion to require the plaintiff to elect which of them it would prosecute, should have been sustained, Conner’s Adm’r v. Paul, 12 Bush, 144; Hansford v. Payne, 11 Bush, 380; Donahue v. Dexter, 82 Ky., 157; Haekett’s Adm’r v. L., St. L. & T. Ry., 95 Ky., 236. 3. The election of a special judge of the county court, who appointed the ladministrator was held under an act…
1Opinion of the Court
JUDGE DuREDLE
delivered the opinion ojt the coubt.
■Hugh Barclay, Jr., was a fireman on the railroad of appellant, and had been so employed for some time previous to June 5, 1892. On that day a change of schedule went into effect at 7 o’clock p. m. By the old time card the regular train for Owensboro left Russellville at 7:25 a. m. By the new time card the starting time was made twenty minutes later. Barclay was acting as fireman on ah excursion train from Owensboro to Bowling Green, by way of Russell-ville. The engineer and conductor of the excursion train, under whose orders Barclay was…
2Cases cited3 opinions
- Louisville & Nashville Railroad v. McElwainCourt of Appeals of Kentucky · 1896
- Hackett v. Louisville, R.Court of Appeals of Kentucky · 1894
- Conner's adm'x v. PaulCourt of Appeals of Kentucky · 1876
3Cited by13 opinions
- D & W AUTO SUPPLY v. Department of RevenueKentucky Supreme Court · 1980
- Atchison, T. & S. F. Ry. Co. v. StateSupreme Court of Oklahoma · 1911
- Thomas v. Maysville Gas Co.Court of Appeals of Kentucky · 1900
- Louisville & Nashville Railroad v. Strange's AdministratrixCourt of Appeals of Kentucky · 1913
- Lewis' Admr. v. Taylor Coal Co.Court of Appeals of Kentucky · 1902
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