Louisville & Nashville Railroad v. Coniff's Adm'r
Court of Appeals of Kentucky
Case 88 — PETITION ORDINARY APPEAL FROM MARION CIRCUIT COURT. Plaintiff can not maintain this action, as -there is nothing to show that his intestate left either widow or child. (Henderson’s Adm’r v. Ky. C. R. Co., 9 Ky. Law Rep., 625; L. & N. R. Co. v. Sanders, Ibid, 690.) 1. The statute is general in its terms and scope. If this particular representative has no right to sue, his incapacity to sue must he shown by answer.
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Case 88 — PETITION ORDINARY APPEAL FROM MARION CIRCUIT COURT. Plaintiff can not maintain this action, as -there is nothing to show that his intestate left either widow or child. (Henderson’s Adm’r v. Ky. C. R. Co., 9 Ky. Law Rep., 625; L. & N. R. Co. v. Sanders, Ibid, 690.) 1. The statute is general in its terms and scope. If this particular representative has no right to sue, his incapacity to sue must he shown by answer. (Gen. Stats., cliap. 57, sec. 3; Stephen on Pleading, star pages 350, 443; J-ones v. Alcen, 1 Lord Kavm, 120.) '2. Even if it appeared that Pat Coniff left neither widow…
1Opinion of the Court
•JUDGE PBYOE
'DELIVERED THE OPINION OE THE COURT.
The action in this case seems to have been instituted for the purpose of recovering damages, not only for *562the killing of the deceased, as authorized by the statute, but to recover for the pain and suffering of the-intestate during the time intervening between the infliction of the injury and the death.
In the case of Jordan’s Adm’r v. Cincinnati, &c., R. Co., 89 Ky., 40, and in numerous other cases, it lias been held that no recovery can be had for the loss of life where the person killed leaves no widow, child or children, and for that reason it…
2Cases cited1 opinion
- Jordan's Adm'r v. Cincinnati, New Orleans & Texas Pacific RailroadCourt of Appeals of Kentucky · 1889
3Cited by1 opinion
- Ellis v. EllisCourt of Appeals of Kentucky · 1898