Lewis' Admr. v. Taylor Coal Co.
Court of Appeals of Kentucky
Case 101 — Action to Recover Damages for the Death oe Plaintiff’s Intestate. — APPEAL FROM OHIO CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. 'This suit was brought by the administrator of decedent to recover $15,000 in damages. The lower court sustained a demurrer to the petition — plaintiff declined to plead further and his petition was dismissed, and he appeals. 1. Petition does not state a cause of action.
Read the full summary
Case 101 — Action to Recover Damages for the Death oe Plaintiff’s Intestate. — APPEAL FROM OHIO CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. 'This suit was brought by the administrator of decedent to recover $15,000 in damages. The lower court sustained a demurrer to the petition — plaintiff declined to plead further and his petition was dismissed, and he appeals. 1. Petition does not state a cause of action. O’Donoghue v. Akin, 2 Duvall, 478; Davis v. Justice, 31 Ohio State, 359; Mobile Life Insurance Co. v. Brame, 95 U. S., 580. 2. Action is sought to be maintained under…
1Opinion of the Court
Opinion op the court by
JUDGE PAYNTER
Appirming.
\
The appellee is a corporation engaged in. the business of mining and selling coal. The intestate, H. W. Lewis, was a coal miner. While in the employ of the appellee he received injuries from the effects of which he died. This action was brought to recover damages resulting from the injuries received. Omitting formal parts, the petition reads as follows: “(3) That in May, 1898, it had in its employment a large number of miners and mine laborers, all of whom were members of a secret organization called the ‘Miners’ Union,’ and were on that account…
2Cases cited6 opinions
- Louisville & Nashville Railroad v. McElwainCourt of Appeals of Kentucky · 1896
- Hansford's administratrix v. Payne & Co.Court of Appeals of Kentucky · 1875
- Owensboro & Nashville Ry. Co. v. Barclay's AdministratorCourt of Appeals of Kentucky · 1897
- Anderson v. Arnold's ex'rCourt of Appeals of Kentucky · 1881
- Hackett v. Louisville, R.Court of Appeals of Kentucky · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Duncan v. Nebraska Sanitarium & Benevolent Ass'nNebraska Supreme Court · 1912
- Shields' Admrs. v. RowlandCourt of Appeals of Kentucky · 1912
- Louisville & Nashville Railroad v. Strange's AdministratrixCourt of Appeals of Kentucky · 1913
- Johnson v. Union Furniture Co.California Court of Appeal · 1939
- Louisville & Nashville Railroad v. Rowland's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1926
16 more not listed; retrieve them via the Exa API.