Legal Opinion

Leach v. Owensboro City Ry Co.

Court of Appeals of Kentucky

Decided February 23, 1910PublishedCited by 14 opinions

CASE 37. — ACTION BY ELLA LEACH AND ' OTHERS AGAINST THE OWENSBORO CITY RAILWAY COMPANY AND ANOTHER. — Appeal from Daviess Circuit Court. T. F. Birkhead, Circuit Judge. From a judgment for defendants, plaintiffs appeal. —

1Opinion of the Court

Opinion of the Court by

Judge O’Rear

— Reversing.

Clara Gardner, a widow, was run over and killed by one of appellee’selectric stre&t cars in Owensboro, in March, 1908. William Alexander, her brother, was on his motion appointed administrator of her estate on April 10, 1908, and on that day settled with the railway company for her death by accepting $250 in full satisfaction. He executed a receipt in full settlement of the compromise. The children of Mrs. Gardner, some of whom were infants, upon learning of the settlement, attempted to repudiate the administrator’s act, and brought this suit…

2Cases cited3 opinions

  1. McLemore v. Sebree Coal & Mining Co.Court of Appeals of Kentucky · 1905
  2. McFarland's Admr. v. L. & N. R. R.Court of Appeals of Kentucky · 1908
  3. Buckner's Adm'rs v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1905

3Cited by14 opinions

  1. Drake v. B.F. Goodrich Co.Court of Appeals for the Sixth Circuit · 1986
  2. City of Louisville v. Hart's Admr.Court of Appeals of Kentucky · 1911
  3. McClure v. McClureWest Virginia Supreme Court · 1991
  4. Metts' Administrator v. Louisville Gas & Electric Co.Court of Appeals of Kentucky (pre-1976) · 1928
  5. Louisville N. R. Co. v. TurnerCourt of Appeals of Kentucky (pre-1976) · 1942

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