Legal Opinion

Shade's Adm'r v. Covington-Cincinnati Elevated R. R. & Transfer & Bridge

Court of Appeals of Kentucky

Decided February 1, 1905PublishedCited by 8 opinions

Case 75 — Action by Eliza Shade’s Adm’b Against the CovingtonCincinnati Elevated R. R. & Transfer & Bridge Co. fob Damages foe Causing the Death of Plaintiff’s' Intestate. APPEAL FROM KENTON CIRCUIT COURT-W. McD. SHAW, CIRCUIT JUDGE. Judgment for Defendant and Plaintiff Appeals.

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Case 75 — Action by Eliza Shade’s Adm’b Against the CovingtonCincinnati Elevated R. R. & Transfer & Bridge Co. fob Damages foe Causing the Death of Plaintiff’s' Intestate. APPEAL FROM KENTON CIRCUIT COURT-W. McD. SHAW, CIRCUIT JUDGE. Judgment for Defendant and Plaintiff Appeals. We contend: 1. Where the proof shows that appellant’s intestate was in sound and robust health, able to do all her own house-work, and that immediately after the action complained of she was found in an almost helpless condition, was taken to her home, treated for the injuries received on this occasion, and within a…

1Opinion of the Court

Opinion of the court by

JUDGE O’REAR

Affirming.

Eliza Shade' was discovered on 38th of February, .1902, on or near the northern end of appellee’s bridge, injured; her leg, or one hone of it, being broken. Possibly she was otherwise hurt. She was sent in a carriage to her home, in Covington, and died in a few weeks. Whether she died of the injuries received on the bridge was not proven. In this suit by her administrator against appellee, the owner of the toll-bridge, to recover damages for her injury and death, the plaintiff declared upon the negligence of appellee in suffering its bridge to he…

2Cases cited1 opinion

  1. Omberg v. United States Mutual Accident Ass'nCourt of Appeals of Kentucky · 1897

3Cited by8 opinions

  1. Valentine v. WeaverCourt of Appeals of Kentucky · 1921
  2. Equitable Life Assur. Soc. of United States v. FanninCourt of Appeals of Kentucky (pre-1976) · 1932
  3. Chesapeake & Ohio Ry. Co. v. WileyCourt of Appeals of Kentucky · 1909
  4. Lathem v. Hartford Accident & Indemnity Co.Court of Appeals of Georgia · 1939
  5. Cleveland Ry. Co. v. MerkOhio Supreme Court · 1932

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