L. & N. R. R. v. Smith's Adm'r
Court of Appeals of Kentucky
Case 77 — PETITION OEDIN AEY APPEAL FROM BULLITT CIRCUIT COURT. 1. As this action is by the administrator under section 3, of chapter 57, General Statutes, and the decedent left no widow or child, there can be no recovery. (Henderson’s Adm’r v. Ky.
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Case 77 — PETITION OEDIN AEY APPEAL FROM BULLITT CIRCUIT COURT. 1. As this action is by the administrator under section 3, of chapter 57, General Statutes, and the decedent left no widow or child, there can be no recovery. (Henderson’s Adm’r v. Ky. O. E. E. Co., 85 Ky.) 2. The filing of a petition and the issuing of a summons within ten days before the beginning of the term of court to which it is made returnable, is not the commencement of an action as contemplated by the Code. (Civil Code, sec. 39; Gen. Stats., chap. 71, sec. 1, art. 4; Cecil v. Soward, 10 Bush, 198; Kellar v. Stanley, Ky.…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion or the court.
The appellee, as the administrator of Warren Smith, sought by his petition, filed in the Bullitt Circuit Court, to recover of the appellant damages for injuries that his intestate received, which caused his death, by falling from the appellant’s passenger platform, which falling was caused by the “willful and careless negligence” of the appellant to keep said platform in a reasonably safe condition.
The petition was filed and summons was issued thereon and served on the appellant within a year from the accrual of the cause of action. But the…
2Cited by14 opinions
- Phil Hollenbach Co. v. HollenbachCourt of Appeals of Kentucky · 1918
- Humbert v. HeyburnCourt of Appeals of Kentucky (pre-1976) · 1931
- Louisville & N. R. R. v. HallCourt of Appeals of Kentucky · 1903
- Nanny v. SmithKentucky Supreme Court · 2008
- United States Fidelity & Guaranty Co. v. McGinnis' AdministratorCourt of Appeals of Kentucky · 1912
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