Howard's Admr. v. Hunter
Court of Appeals of Kentucky
CASE 80. — ACTION BY THE ADMINISTRATOR OF ARRETUS HOWARD AGAINST W. H. HUNTER FOR DAMAGES • FOR CAUSING THE DEATH OF PLAINTIFF’S INTESTATE. — Appeal from Daviess Circuit Court. T. F. Birkhead, Circuit Judge. Judgment for defendant, plaintiff appeals.
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CASE 80. — ACTION BY THE ADMINISTRATOR OF ARRETUS HOWARD AGAINST W. H. HUNTER FOR DAMAGES • FOR CAUSING THE DEATH OF PLAINTIFF’S INTESTATE. — Appeal from Daviess Circuit Court. T. F. Birkhead, Circuit Judge. Judgment for defendant, plaintiff appeals. Des-th — Action-—Parties.—Const., section 241, provides that when*ever death results from negligence or wrongful act damages may be recovered; the action, till otherwise provided by -law, to be prosecuted by decedent’s personal representative^ and till otherwise provided the recovery shall form a part of the personal estate. Ky. Stats. 1903,…
1Opinion of the Court
Opinion cf the Court by
Judge Carroll
Reversing.
Arre tus Howard was shot and killed by appellee, Hunter. He did not leave surviving him a widow, child, or children. This action was instituted by his personal representative to recover damages for his *687death, which was alleged to have been negligently and wrongfully caused by the act of appellee. The court sustained a general demurrer to the petition. "Whether this ruling was correct or not, is the only question presented by this appeal.
Section 241 of the Constitution provides that: “Whenever the death of a person shall result from an injury…
2Cases cited6 opinions
- Jordan's Adm'r v. Cincinnati, New Orleans & Texas Pacific RailroadCourt of Appeals of Kentucky · 1889
- McLemore v. Sebree Coal & Mining Co.Court of Appeals of Kentucky · 1905
- O'Donoghue v. AkinCourt of Appeals of Kentucky · 1866
- Brown v. EllisCourt of Appeals of Kentucky · 1898
- Spring's adm'r v. GlennCourt of Appeals of Kentucky · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Berry by and Through Berry v. Beech AircraftUtah Supreme Court · 1985
- Malan v. LewisUtah Supreme Court · 1984
- Ludwig v. JohnsonCourt of Appeals of Kentucky (pre-1976) · 1932
- Mullins v. NordlowCourt of Appeals of Kentucky · 1916
- Holland v. Islamic Republic of IranDistrict Court, District of Columbia · 2005
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