Louisville & Nashville Railroad v. Taaffe's Administrator
Court of Appeals of Kentucky
Case 64 — ACTION FOR INJURY CAUSING DEATH APPEAL FROM GALLATIN CIRCUIT COURT. The trial court erred to the prejudice o-f the substantial rights of the appellant in the following particulars': ' 1. In overruling the demurrer to the petition. . 2. In not carrying the demurrer to the reply back to the petition and sustaining it to the petition. 3. In overruling the appellant’s motion for a judgment notwithstanding the verdict. 4. In permitting incompetent testimony to be given…
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Case 64 — ACTION FOR INJURY CAUSING DEATH APPEAL FROM GALLATIN CIRCUIT COURT. The trial court erred to the prejudice o-f the substantial rights of the appellant in the following particulars': ' 1. In overruling the demurrer to the petition. . 2. In not carrying the demurrer to the reply back to the petition and sustaining it to the petition. 3. In overruling the appellant’s motion for a judgment notwithstanding the verdict. 4. In permitting incompetent testimony to be given in evidence before the jury as to the family and children deceased left, and as to the use of appellant’s tracks ,by…
1Opinion of the Court
JUDGE GUFFY
delivered the opinion of the court.
It is alleged in the petition that the decedent, Taafe, was killed by and through the gross and willful carelessness and mismanagement of the servants and agents and employes in control of the appellant’s train, and that said-train was willfully, negligently, carelessly, and recklessly run against the said Taafe with great force and violence, wounding, bruising, crushing, and mangling him, from the effects of which he then and there died, for which plaintiff claimed damages in the sum of |25,000.
The first paragraph of the answer is a denial of…
2Cases cited1 opinion
- Louisville & Nashville R. R. v. Kelly's AdministratrixCourt of Appeals of Kentucky · 1897
3Cited by15 opinions
- Cin., N. O. & T. P. Ry. Co. v. Harrod's Admr.Court of Appeals of Kentucky · 1909
- Lyon v. BushHawaii Supreme Court · 1966
- Chesapeake & Ohio Railway Co. v. Hunter's AdministratorCourt of Appeals of Kentucky · 1916
- Louisville & Nashville R. R. v. Trower's Admr.Court of Appeals of Kentucky · 1909
- Wickham's Adm'r v. Louisville & Nashville R R.Court of Appeals of Kentucky · 1909
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