Schoolcraft's Adm'r v. Louisville & Nashville Railroad
Court of Appeals of Kentucky
Case 45— PETITION ORDINARY APPEAL EKOM LOUISVILLE LAW AND EQUITY COURT. Section 3 of chapter 57 of the General Statutes is not unconstitutional. (Board of Int.
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Case 45— PETITION ORDINARY APPEAL EKOM LOUISVILLE LAW AND EQUITY COURT. Section 3 of chapter 57 of the General Statutes is not unconstitutional. (Board of Int. Imp. v. Scearce, 2 Duv., 578; Pierce on Railroads, pp. 40-42.) 1. The degree of neglect alleged determines whether the action is brought under the first or third section of chapter 57, General Statutes; and as the allegations of willful negligence still stand in the petition in this case, this must be treated as an action under the third section, and as plaintiff’s intestate left neither widow nor child the action can not be…
1Opinion of the CourtChief Justice Holt
James Schoolcraft, while at work for the Standard Oil ■Company upon a switch belonging to it, but which was connected with the appellee’s road, was struck by a car which was suddenly put in motion by a car being backed hy those in charge of it for the appellee from its road on to the switch, and so injured that he died in a short time. The petition avers that the injury was the result of willful neglect upon the part of those in charge of appellee’s <ear. It also sets forth fully the manner of the injury.
*236Section 3, chapter 57 of the General Statutes gives a right of action to the widow, heirs…
2Cases cited8 opinions
- Soon Hing v. CrowleySupreme Court of the United States · 1885
- Missouri Pacific Railway Co. v. MacKeySupreme Court of the United States · 1888
- Pembina Consolidated Silver Mining & Milling Co. v. PennsylvaniaSupreme Court of the United States · 1888
- Minneapolis & St. Louis Railway Co. v. BeckwithSupreme Court of the United States · 1889
- Gordon v. Winchester Building & Accumulating Fund Ass'nCourt of Appeals of Kentucky · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Noble State Bank v. HaskellSupreme Court of Oklahoma · 1909
- State v. KnowlesCourt of Appeals of Maryland · 1900
- Comth. v. Remington Type-writer Co.Court of Appeals of Kentucky · 1907
- Louisville & Nashville R. R. v. MeltonCourt of Appeals of Kentucky · 1907
- Noell v. Tennessee Eastern Power Co.Tennessee Supreme Court · 1914
8 more not listed; retrieve them via the Exa API.