Legal Opinion

L. & N. R. R. v. Smith's Admr.

Court of Appeals of Kentucky

Decided May 20, 1909PublishedCited by 21 opinions

CASE 9. — ACTION BY AARON SMITH’S ADMINISTRATOR AGAINST THE LOUISVILLE & NASHVILLE RAILROAD COMPANY FOR CAUSING THE DEATH OF PLAINTIFF’S INTESTATE — Appeal from Hardin Circuit Court.

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CASE 9. — ACTION BY AARON SMITH’S ADMINISTRATOR AGAINST THE LOUISVILLE & NASHVILLE RAILROAD COMPANY FOR CAUSING THE DEATH OF PLAINTIFF’S INTESTATE — Appeal from Hardin Circuit Court. Judgment for plaintiff, defendant appeals. — QUESTION DISCUSSED AND AUTHORITIES CITED. 1. A peremptory instruction should have been given to find for the Louisville & Nashville Railroad Company, because:— (1) If Smith’s death was the result of negligence, it was that of Taylor, and Taylor was an independent contractor, for whose-negligence appellant is not liable. Bush, &e. v. Grant, 22 Rep. 1766; Robinson, &c.…

1Opinion of the Court

Opinion op the Court by

Judge Lassing

— Reversing.

While -assisting in making an excavation under the track of the Louisville & Nashville Railro-ad Company near Nolan, Ky., Aaron Smith wa,s killed by the earth’s caving in upon him, and his administrator brought snit against said company and George Taylor, a contractor, for whom he was working, to recover damages for his death, on the ground that it was due to the negligence of the defendants, in that they failed to furnish Smith a reasonably s'afe place in which to work. The defendants filed separate answers. The railroad company denied…

2Cited by21 opinions

  1. Welker v. Kennecott Copper CompanyCourt of Appeals of Arizona · 1965
  2. American Savings Life Insurance v. RiplingerCourt of Appeals of Kentucky (pre-1976) · 1933
  3. Bowen v. Gradison Construction CompanyCourt of Appeals of Kentucky (pre-1976) · 1930
  4. Williams v. National Cash Register Co.Court of Appeals of Kentucky · 1914
  5. Scott Construction Co. v. CobbIndiana Court of Appeals · 1928

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