Coles' Adm'x v. Illinois Central Railway Co.
Court of Appeals of Kentucky
Case 87. — ACTION BY F. M. COLES’ ADM’X AGAINST THE ILLINOIS CENTRAL RY. CO. FOR DAMAGES FOR KILLING A HORSE AND DEMOLISHING A BUGGY BELONGING TO PLAINTIFF’S INTESTATE. Appeal from Graves Circuit Court. R. J. Bugg, Circuit Judge. Judgment for defendant. Plaintiff appeals.
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Case 87. — ACTION BY F. M. COLES’ ADM’X AGAINST THE ILLINOIS CENTRAL RY. CO. FOR DAMAGES FOR KILLING A HORSE AND DEMOLISHING A BUGGY BELONGING TO PLAINTIFF’S INTESTATE. Appeal from Graves Circuit Court. R. J. Bugg, Circuit Judge. Judgment for defendant. Plaintiff appeals. POINTS AND AUTHORITIES. 1. Demurrer was properly sustained to the third, paragraph, as administratrix was appointed within one year after thp cause of the action occurred and suit was instituted within one year after her appointment and qualification. (Ky. Stats., secs. 251(| and 2526; Carden’s Adm’r v. L. & N. R. R. Co., 19…
1Opinion of the Court
Opinion by
Judge Paynter
Affirming.
This is an action hy the administratrix of F. M. Coles to recover damages for killing a horse and demolishing a buggy which belonged to plaintiff’s intestate. Among other defenses interposed was one that the plaintiff’s intestate was killed at the time the horse was killed and the buggy demolished; that it was the same negligence, if any, which resulted in the death of the plaintiff’s intestate and horse and the destruction of the buggy. The defendant pleaded that there was but one cause of action; that the plaintiff had recovered a judgment against the…
2Cases cited2 opinions
- Louisville Bridge Co. v. L. & N. R. R.Court of Appeals of Kentucky · 1903
- Transfer & Bridge Co. v. KleymeierCourt of Appeals of Kentucky · 1899
3Cited by17 opinions
- Landers v. BF Goodrich CompanyTexas Supreme Court · 1963
- Richmond Health Facilities-Kenwood, LP v. NicholsCourt of Appeals for the Sixth Circuit · 2016
- Vasu v. Kohlers, Inc.Ohio Supreme Court · 1945
- Middlesboro Home Telephone Co. v. Louisville & Nashville RailroadCourt of Appeals of Kentucky (pre-1976) · 1926
- Cassidy v. BerkovitzCourt of Appeals of Kentucky · 1916
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