Kentucky & Indiana Bridge & R. R. v. Sydnor
Court of Appeals of Kentucky
Case '4 — Action by Joseph B. Sydnor, Admr. of Elijah T. Renfro, AGAINST THE KENTUCKY & INDIANA BRIDGE & R. R. CO., FOR CAUSING the Death of Appellant’s Intestate. APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION, NO. 2 — MATT. O’DOHERTY, judge. Judgment for Plaintiff and Defendant Appeals. POINTS' AND AUTHORITIES. 1. The doctrine of comparative negligence does not obtain in Kentucky, nor in any State .except in Georgia and Illinois, and there in a modified form.
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Case '4 — Action by Joseph B. Sydnor, Admr. of Elijah T. Renfro, AGAINST THE KENTUCKY & INDIANA BRIDGE & R. R. CO., FOR CAUSING the Death of Appellant’s Intestate. APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION, NO. 2 — MATT. O’DOHERTY, judge. Judgment for Plaintiff and Defendant Appeals. POINTS' AND AUTHORITIES. 1. The doctrine of comparative negligence does not obtain in Kentucky, nor in any State .except in Georgia and Illinois, and there in a modified form. Shearman & Redfield on Negligence, sec. 102; Beach on Contributory Negligence, sec. 25; McDonald v. International, &c.,…
1Opinion of the Court
Opinion op the court by
JUDGE O’REAR
Affirming.
Appellee, Sydnor, as administrator of Elijah T. Renfro, filed this suit against appellant to recover for the death of his intestate, which was charged to have occurred by reason of its gross negligence. The defendant traversed the allegations of the petitioif, and pleaded contributory negligence on the part of Renfro, but for which he would not have been injured. It was also pleaded that Renfro was working with one of appellant’s servants employed in the same grade of service and engaged in the same character of labor, neither being superior in…
2Cases cited7 opinions
- Louisville & Nashville Railroad v. PottsCourt of Appeals of Kentucky · 1891
- Johnson's Administrator v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1883
- Louisville & Nashville R. R. v. WolfeCourt of Appeals of Kentucky · 1882
- Pugh v. ChesapeakeCourt of Appeals of Kentucky · 1897
- Flynn v. Louisville Ry. Co.Court of Appeals of Kentucky · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Green River Rural Electric Co-Op. Corp. v. BlandfordCourt of Appeals of Kentucky (pre-1976) · 1947
- Hunsaker v. Ashland Coal & Iron Railway Co.Court of Appeals of Kentucky · 1918
- East Ohio Gas Co. v. O'HaraOhio Court of Appeals · 1924
- Lake Erie & Western Railroad v. HennesseyIndiana Supreme Court · 1912
- Elkhorn Mining Corp. v. PittsCourt of Appeals of Kentucky · 1918