Legal Opinion

Brown's Admr. v. Louisville & Nashville Railroad

Court of Appeals of Kentucky

Decided April 11, 1895PublishedCited by 62 opinions

Case 39 — PETITION ORDINARY APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. .1. The court erred in giving a peremptory instruction for defendant. Even if there be no dispute about the facts, yet if honest and sensible men might reasonably draw different inferences about the conclusion, the court will never take the case from the jury.

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Case 39 — PETITION ORDINARY APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. .1. The court erred in giving a peremptory instruction for defendant. Even if there be no dispute about the facts, yet if honest and sensible men might reasonably draw different inferences about the conclusion, the court will never take the case from the jury. (Railroad Co. v. Stout, 17 Wall., 657; Murphy v. Canal Co., 9 Bush, 533.) While it may be true that in general the engineer may assume that a person in front of the train on the track will step out of the way of a train, yet it is his duty to give…

1Opinion of the Court

JUDGE GRACE

delivered the opinion of the court.

The first question presented by this appeal is whether an administrator appointed in Kentucky on the estate of a decedent who was a non-resident of the State at the time of his decease, and who had no personal estate in Kentucky at the time of the appointment of the administrator here, other than a claim, demand or right of action given by the Kentucky statute to the administrator of a decedent who has. *231been killed by the gross negligence of a railroad company in Kentucky, is a lawfully-appointed administrator. This question was made by defendant…

2Cases cited3 opinions

  1. Johnson's Administrator v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1883
  2. L. & N. R. R. v. Howard's Adm'rCourt of Appeals of Kentucky · 1884
  3. Shackleford's Adm'r v. Lou. & Nash. R. R.Court of Appeals of Kentucky · 1886

3Cited by62 opinions

  1. Illinois Central Ry. Co. v. Murphy's Admr.Court of Appeals of Kentucky · 1906
  2. Louisville & Nashville R. R. v. McNary's AdmrCourt of Appeals of Kentucky · 1908
  3. In Re Estate of MayoSupreme Court of South Carolina · 1901
  4. Forrester v. Southern Pacific Co.Nevada Supreme Court · 1913
  5. Richards v. Riverside Iron WorksWest Virginia Supreme Court · 1904

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