Louisville & N. R. R. v. Pendleton's Admr.
Court of Appeals of Kentucky
CASE 72. — ACTION BY J. E. PENDLETON’S ADMINISTRATOR AGAINST THE LOUISVILLE & NASHVILLE R. R. CO. FOR DAMAGES FOR CAUSING THE DEATH OF PLAINTIFF’S INTESTATE. — Appeal from Todd Circuit Court. W. P. Sandidge, Circuit Judge. Judgment for plaintiff, defendant appeals. — POINTS DISCUSSED AND.
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CASE 72. — ACTION BY J. E. PENDLETON’S ADMINISTRATOR AGAINST THE LOUISVILLE & NASHVILLE R. R. CO. FOR DAMAGES FOR CAUSING THE DEATH OF PLAINTIFF’S INTESTATE. — Appeal from Todd Circuit Court. W. P. Sandidge, Circuit Judge. Judgment for plaintiff, defendant appeals. — POINTS DISCUSSED AND. AUTHORITIES RELIED ON. 1. Evidence examined to show that decedent was employed amd paid to work in an entirely separate and distinct department of appellant’s service from that in which he was injured while doing a reckless, needless, and wholly voluntary thing. He was a trespasser and it is in that light…
1Opinion of the Court
*609Opinion op the Court by
Judge Carroll.
Seversing.
J. E. Pendleton, while engaged in assisting a switching crew, was killed by being crushed between two cars. • In this action his administrator recovered $5,000 for the destruction of his life. A reversal is asked for several alleged errors committed by the trial court.
To understand fully the questions involved, it will be necessary to relate with some particularity the facts exhibited by the record. Pendleton, who was about 22 years of age, was first employed in November, 1901, by appellant as a yard clerk in its yards at Guthrie, Ky. He remained…
2Cases cited8 opinions
- Johnson v. Ashland Water Co.Wisconsin Supreme Court · 1888
- Kentucky Central R. R. v. Gastineau's Adm'rCourt of Appeals of Kentucky · 1885
- Dallemand v. SaalfeldtIllinois Supreme Court · 1898
- Louisville & Nashville R. R. v. HockerCourt of Appeals of Kentucky · 1901
- Huntzicker v. Illinois Cent. R. Co.Court of Appeals for the Sixth Circuit · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Roy v. WestCourt of Appeals of Kentucky · 1922
- Chesapeake & Ohio Railway Co. v. Harmon's AdministratorCourt of Appeals of Kentucky · 1916
- Southern Ry. v. Pope's Admr.Court of Appeals of Kentucky · 1909
- Kentucky Lumber Co. v. NicholsonCourt of Appeals of Kentucky · 1914
- Wells v. Kentucky Distilleries & Warehouse Co.Court of Appeals of Kentucky · 1911
5 more not listed; retrieve them via the Exa API.