Legal Opinion

Young's Adm'r v. Louisville & Nashville R. R.

Court of Appeals of Kentucky

Decided November 17, 1905PublishedCited by 12 opinions

Case 61. — ACTION BY JOHN YOUNG’S ADMINISTRATOR AGAINST THE LOUISVILLE & NASHVILLE R. R. CO. FOR CAUSING THE DEATH OF PLAINTIFF’S INTESTATE.— Appeal from Whitley Circuit Court. M. L. Jarvis, Circuit Judge. Judgment for defendant. Plaintiff appeals.

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Case 61. — ACTION BY JOHN YOUNG’S ADMINISTRATOR AGAINST THE LOUISVILLE & NASHVILLE R. R. CO. FOR CAUSING THE DEATH OF PLAINTIFF’S INTESTATE.— Appeal from Whitley Circuit Court. M. L. Jarvis, Circuit Judge. Judgment for defendant. Plaintiff appeals. Concretely stated, our position is: 1. That the statute as to the appointment of personal representatives applies alone to persons who at death resided in this State, or to- non-residents who leave estates to be administered. 2. Under the general law the county courts of this State are powerless to appoint administrators for nonresident intestates,…

1Opinion of the Court

Opinion By

Judge Nunn

Reversing.

This action was instituted in the Whitley Circuit Court by the administrator of John Young against, the appellee, in which damages were sought on account of the alleged negligence of the company in the killing of decedent in the county of Whitley. The petition, alleged that the decedent was, at the time of his death, a nonresident of, and had no domicile in, the State of Kentucky. The appellee, in one paragraph of its. answer, alleged that the administrator, in whose name-the action was brought, was not the next of kin to the decedent, that the letters of…

2Cases cited5 opinions

  1. Brown's Admr. v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1895
  2. Louisville & Nashville Railroad v. Brantley's Adm'rCourt of Appeals of Kentucky · 1894
  3. Hall's Adm'r v. L. & N. R. R.Court of Appeals of Kentucky · 1897
  4. Radford v. RadfordCourt of Appeals of Kentucky · 1837
  5. Triplett v. WellsCourt of Appeals of Kentucky · 1808

3Cited by12 opinions

  1. Phillips' Committee v. Ward's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1931
  2. Hunt v. CrockerCourt of Appeals of Kentucky (pre-1976) · 1932
  3. Jackson's Admr. v. Asher Coal Co.Court of Appeals of Kentucky · 1913
  4. Moran v. Moran's AdministratorCourt of Appeals of Kentucky · 1916
  5. Watkins v. Watkins' Admr.Court of Appeals of Kentucky · 1910

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