Hermes' Admr. v. Hatfield Coal Co.
Court of Appeals of Kentucky
CASE 40. — ACTION BY WILLIAM HERMES’ ADMINISTRATOR AGAINST THE HATFIELD COAL COMPANY FOR DAMAGES FOR CAUSING THE DEATH OF HIS SON. — Appeal from Kenton Circuit .Court (Criminal, Common Law and Equity Division). Judgment for defendant, plaintiff appeals. — POINTS AND AUTHORITIES CITED . .1. Attractive Nuisance — Children Trespassing: Bransons Adm’r v. Labrot, 81 Ky. 638; Sec. 1033 Thompson on Negligence, Vol. 1; Sec. 1034 Thompson on Negligence, Vol. 1; Union Pacific Ry, Co.…
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CASE 40. — ACTION BY WILLIAM HERMES’ ADMINISTRATOR AGAINST THE HATFIELD COAL COMPANY FOR DAMAGES FOR CAUSING THE DEATH OF HIS SON. — Appeal from Kenton Circuit .Court (Criminal, Common Law and Equity Division). Judgment for defendant, plaintiff appeals. — POINTS AND AUTHORITIES CITED . .1. Attractive Nuisance — Children Trespassing: Bransons Adm’r v. Labrot, 81 Ky. 638; Sec. 1033 Thompson on Negligence, Vol. 1; Sec. 1034 Thompson on Negligence, Vol. 1; Union Pacific Ry, Co. v. McDonald, 152 U. S. 280; Ball v. Middleborough Land Co., 24 Ky. L. R. 114; Railroad Co. v. Stout, U. S. Supreme Ct.,…
1Opinion of the Court
Opinion op the court by
Judge Barker
— Affirming.
The appellant, Bernard Hermes, an administrator of the estate of his infant son, William Hermes, deceased, instituted this action in the Kenton Circuit Court to recover damages of the appellee, the Hatfield Coal Company, for the death of his son, caused, as he alleges, by the negligence of the appellee. The appellant in his petition alleges that the appellee, the Hatfield Coal Company, ,was and is engaged in the business of selling coal in the city of Covins’ton, and that it maintains and operates a coal elevator and coal chutes; that it is the…
2Cases cited2 opinions
- Bransom's adm'r v. LabrotCourt of Appeals of Kentucky · 1884
- Mayfield Water & Light Co. v. Webb's Admr.Court of Appeals of Kentucky · 1908
3Cited by12 opinions
- Louisville & Nashville Railroad v. RayTennessee Supreme Court · 1910
- Stimpson v. Bartex Pipe Line Co.Texas Supreme Court · 1931
- Coon v. Kentucky & Indiana Terminal RailroadCourt of Appeals of Kentucky · 1915
- Smith, By, Etc. v. Hines, Director GeneralCourt of Appeals of Kentucky (pre-1976) · 1925
- Von Almen's Administrator v. City of LouisvilleCourt of Appeals of Kentucky · 1918
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