Matthews' Admr. v. L. & N. R. R.
Court of Appeals of Kentucky
CASE 69. — ACTION BY WILLIAM MATTHEWS’ ADMINISTRATOR AGAINST THE LOUISVILLE & NASHVILLE R. R. CO. FOR DAMAGES FOR CAUSING HIS DEATH.— Appeal from Webster Circuit Court. J. W. Henson, Circuit Judge.
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CASE 69. — ACTION BY WILLIAM MATTHEWS’ ADMINISTRATOR AGAINST THE LOUISVILLE & NASHVILLE R. R. CO. FOR DAMAGES FOR CAUSING HIS DEATH.— Appeal from Webster Circuit Court. J. W. Henson, Circuit Judge. Judgment for defendant, plaintiff appeals — SYNOPSIS. 1. The court erred in rejecting the testimony of Moses Howard. 2. Numerous other errors prejudicial to the substantial rights of appellant were committed by the trial- court in the admission and rejection of testimony. 3. The court abused its discretion in allowing witness Bramwell to testify after the witnesses had been put under the rule, said…
1Opinion of the Court
*554Opinion of the Court by
Judge Settle —
Affirming.
On the night of December 14, 1906, appellant’s intestate, Wm. Matthews, at the time a brakeman upon one of appellee’s trains, fell at Providence, Ky., from a stock car onto the railroad track, and was run over by the front wheels of a flat car, which broke and mangled both of his legs and otherwise injured him to such an extent that he died that night of the accident. He was a married man, 38 years of age, was then earning $60 to $75 per month, and had been in appellee’s service as a brakeman about five years. His administrator brought this…
2Cited by15 opinions
- Louisville & Nashville Railroad v. Rowland's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1929
- Park Circuit Realty Company v. CoulterCourt of Appeals of Kentucky (pre-1976) · 1930
- Bevin's Admr. v. C. & O. Railway Co.Court of Appeals of Kentucky · 1921
- Wimsatt's Administratrix v. Louisville & Nashville RailroadCourt of Appeals of Kentucky (pre-1976) · 1930
- Elam v. AlexanderCourt of Appeals of Kentucky · 1917
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