Louisville & Nashville R. R. v. Brantley's Administrator
Court of Appeals of Kentucky
Case 106 — ACTION FOR DAMAGES FOR PERSONAL INJURY— APPEAL FROM CHRISTIAN CIRCUIT COURT. The judgment below should be reversed for the following reasons : 1. Because the petition did not state a cause of action against the appellant, and for that reason the court should have carried ■the demurrer to the second and third paragraphs of the answer-back to the petition, and sustained it to the petition. 2. Because the court erred in sustaining the demurrer to the second and third…
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Case 106 — ACTION FOR DAMAGES FOR PERSONAL INJURY— APPEAL FROM CHRISTIAN CIRCUIT COURT. The judgment below should be reversed for the following reasons : 1. Because the petition did not state a cause of action against the appellant, and for that reason the court should have carried ■the demurrer to the second and third paragraphs of the answer-back to the petition, and sustained it to the petition. 2. Because the court erred in sustaining the demurrer to the second and third paragraphs of the answer. In sustaining the demurrer to the second paragraph of the answer, the court necessarily held…
1Opinion of the CourtChief Justice Hazelrigg
deliveeed the opinion of the coubt.
In July, 1891, John L. Brantley, while in the service of the appellant, received injuries from which he died within a few hours. In May, 1895, this action was brought by his administrator for damages to his intestate by reason of his pain and suffering. The statute of limitations was ■pleaded, but held by the trial court not to apply, and this is the controlling question in the case. It will be seen that some three years and ten months elapsed from the accrual of the cause of action until the institution of the suit, whereas the section under which the…
2Cited by20 opinions
- Drake v. B.F. Goodrich Co.Court of Appeals for the Sixth Circuit · 1986
- Southeastern Kentucky Baptist Hospital, Inc. v. GaylorKentucky Supreme Court · 1988
- Vassill's Adm'r v. ScarsellaCourt of Appeals of Kentucky (pre-1976) · 1942
- Sam Siroonian, Administrator of the Estate of Sheryl Lynn Siroonian, Deceased v. Textron, Inc.Court of Appeals for the Fifth Circuit · 1988
- Elaine Roselyn Tennimon v. Bell Helicopter Textron, Inc.Court of Appeals for the Fifth Circuit · 1987
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