Louisville & N. R. R. v. Simrall's Admr.
Court of Appeals of Kentucky
CASH 9 — ACTION BY WILLIAM F. SIMRALL’S ADM’R AGAINST THE LOUISVILLE & NASHVILLE* R. R. CO. FOR DAMAGES FOR CAUSING THE DEATH OF PLAINTIFF’S INTESTATE. Appeal from Shelby Circuit Court. R. F. Peake, Circuit Judge. Judgment for plaintiff, defendant appeals POINTS AND CITATIONS. 1. The trial court erred in sustaining plaintiff’s demurrer to the defendant's, pleas of the statute of limitations.
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CASH 9 — ACTION BY WILLIAM F. SIMRALL’S ADM’R AGAINST THE LOUISVILLE & NASHVILLE* R. R. CO. FOR DAMAGES FOR CAUSING THE DEATH OF PLAINTIFF’S INTESTATE. Appeal from Shelby Circuit Court. R. F. Peake, Circuit Judge. Judgment for plaintiff, defendant appeals POINTS AND CITATIONS. 1. The trial court erred in sustaining plaintiff’s demurrer to the defendant's, pleas of the statute of limitations. (a) No right of action exists for causing the death of a person where no right of action for the injury causing the death exists at the time the death occurs, as neither section 241 of t'he Constitution…
1Opinion of the Court
Opinion op the Court by
Judge Settle -
Affirming.
This is an appeal from a judgment of the Shelby circuit court upon a verdict awarding appellee, W. O. Haynes, administrator of the estate of Wm. E. Simrall, deceased, $5,000 damages for the death oi the latter, alleged to have been caused by the negligence of appellant, Louisville & Nashville Railroad Company. The intestate on July 25, 1901, was station agent, for appellant at Scott’s Station, in She]by county, Ky. and was that day injured by being struck by a car door, which fell upon him from one of appellant’s cars, standing or moving on á…
2Cases cited3 opinions
- Louisville, Evansville, & St. Louis Railroad v. ClarkeSupreme Court of the United States · 1894
- Carden v. L. & N. R. R.Court of Appeals of Kentucky · 1897
- Louisville & Nashville R. R. v. Kelly's AdministratrixCourt of Appeals of Kentucky · 1897
3Cited by32 opinions
- Nichols v. Chesapeake & O. Ry. Co.Court of Appeals for the Sixth Circuit · 1912
- Farmers Bank & Trust Co. v. RiceKentucky Supreme Court · 1984
- Department of Education v. BlevinsKentucky Supreme Court · 1986
- Fullenwider v. BrawnerCourt of Appeals of Kentucky (pre-1976) · 1928
- Eisentrager v. Great Northern Railway Co.Supreme Court of Iowa · 1916
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