City of Owensboro v. York's Admr.
Court of Appeals of Kentucky
Case 32 — Action by James P. York’s Admr. against the City of Owensboro for Causing the Death of Plaintiff’s Intestate. APPEAL FROM DAVIESS CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. CLASSIFICATION OF QUESTIONS DISCUSSED. 1. The petition is defective in that it does not state facts showing the plaintiff’s right and the defendant’s duty.
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Case 32 — Action by James P. York’s Admr. against the City of Owensboro for Causing the Death of Plaintiff’s Intestate. APPEAL FROM DAVIESS CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. CLASSIFICATION OF QUESTIONS DISCUSSED. 1. The petition is defective in that it does not state facts showing the plaintiff’s right and the defendant’s duty. Maener v. Carrol, 46 Md., 212. .2. The motion made by the appellant to instruct the jury at the conclusion of the plaintiff’s evidence, should have been sustained, or, a similar motion made at the conclusion of all the evidence should have…
1Opinion of the Court
Opinion op the court by
JUDGE HOBSON
Affirming.
Appellee filed lliis suit as the administratrix of the estate of James P. York, to recover of appellant for his death. The intestate was a boy twelve years old. Some boys playing in the street discovered that a wire connecting with the electric light system was: hot. When the curfew rang, the larger boys went home. The intestate was sitting on a fence post. One of the boys dared any one in the crowd to touch the wire, and said he would give a nickel if some one would touch it. The intestate said that if he could get a board and stand on it he could…
2Cases cited6 opinions
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
- Kentucky Central R. R. v. Gastineau's Adm'rCourt of Appeals of Kentucky · 1885
- Texarkana Gas & Electric Light Co. v. OrrSupreme Court of Arkansas · 1894
- Macon v. Paducah St. Ry. Co.Court of Appeals of Kentucky · 1901
- Paducah & Memphis R. R. v. HoehlCourt of Appeals of Kentucky · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Louisville Gas & Electric Co. v. BeaucondCourt of Appeals of Kentucky · 1920
- Irvine v. Town of GreenwoodSupreme Court of South Carolina · 1911
- Mayfield Water & Light Co. v. Webb's Admr.Court of Appeals of Kentucky · 1908
- Davis' Admr. v. Ohio Valley Banking & Trust Co.Court of Appeals of Kentucky · 1908
- Charles v. El Paso Electric Ry. Co.Texas Commission of Appeals · 1923
16 more not listed; retrieve them via the Exa API.