Louisville & Nashville Railroad v. Sanders
Court of Appeals of Kentucky
Case 39 — PETITION ORDINARY APPEAL FROM HARDIN CIRCUIT COURT An action by an infant to recover of a railroad company for the negligent killing of the father is barred after twelve months, if there is either a personal representative or widow that may have sued.
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Case 39 — PETITION ORDINARY APPEAL FROM HARDIN CIRCUIT COURT An action by an infant to recover of a railroad company for the negligent killing of the father is barred after twelve months, if there is either a personal representative or widow that may have sued. (Gen. Stats., sec. 3, chap. 57; Gen. Stats., sec. 3, art. 3, chap. 71; Kennedy v. Burner, 36 Mo., 128.) Under section 3, chapter 57, General Statutes, there is a separate right of action in the widow, heir and personal representative, and a failure to exercise the right by either does not affect the right of the others. The infant heir…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
B. Gf. Sanders was killed in February, 1880, by being thrown from his wagon, when his horses were running away through fright at a locomotive of the appellant, which was standing near the public road crossing. His administrator qualified in March following. He left no widow. This action was brought in April, 1885, or more than five years after his death, by his infant children, to recover damages therefor, upon the*ground that it was caused by the willful neglect of the appellant in leaving its locomotive too near the public road. It, among other…
2Cited by26 opinions
- Rodman v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1902
- American R. Co. of Porto Rico v. CoronasCourt of Appeals for the First Circuit · 1916
- Rockwell v. Preferred Risk Mut. Ins. Co.Mississippi Supreme Court · 1998
- Arender v. Smith County Hosp.Mississippi Supreme Court · 1983
- Foster v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1895
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