Heckman's Adm'r v. Lou. & Nash. R. R.
Court of Appeals of Kentucky
Case 77 — PETITION ORDINARY APPEAL FROM JEFFERSON COURT OF COMMON PLEAS! 1. The intention of appellent was to sue appellee, and not the Louisville, Cincinnati and Lexington Railway Company. The facts present the common case of a misnomer. (Sherman v. Proprietors of Connecticut River Bridge, 11 Mass., 338; Smith v. Bowker, 1 Mass., 76.) 2. But appellee’s course renders plaintiffs intention immaterial.
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Case 77 — PETITION ORDINARY APPEAL FROM JEFFERSON COURT OF COMMON PLEAS! 1. The intention of appellent was to sue appellee, and not the Louisville, Cincinnati and Lexington Railway Company. The facts present the common case of a misnomer. (Sherman v. Proprietors of Connecticut River Bridge, 11 Mass., 338; Smith v. Bowker, 1 Mass., 76.) 2. But appellee’s course renders plaintiffs intention immaterial. The appellee, by the answer of March 3, 1883, which the facts show was filed by it, adopted the allegations of plaintiffs petition as applicable .to it, and took issue with plaintiff on them, and…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THS OPINION OP THE COURT.
January 23, 1883, the administratrix of H. Heck-man, deceased, instituted an action to recover damages for the destruction of his life in December, 1882, alleged to have been caused by the willful neglect of the servants of the defendant named in the caption of the petition, “Louisville, Cincinnati and Lexington *634Railway Company.” The summons on the petition was directed against the same defendant, and the return made thereon by the sheriff of Jefferson county •was as follows: “Executed on Louisville, Cincinnati .and Lexington Railroad Company,…
2Cases cited2 opinions
- Commonwealth v. LoveridgeMassachusetts Supreme Judicial Court · 1814
- L. & N. R. R. v. HallCourt of Appeals of Kentucky · 1876
3Cited by8 opinions
- Fitzpatrick v. PitcairnIllinois Supreme Court · 1939
- Moherman v. NickelsOhio Supreme Court · 1942
- Schmidt v. Louisville, Cincinnati & Lexington Railway Co.Court of Appeals of Kentucky · 1896
- City of Newport v. CommonwealthCourt of Appeals of Kentucky · 1899
- Goldstein v. Peter Fox Sons Co.North Dakota Supreme Court · 1912
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