Legal Opinion
Louisville & Nashville Railroad v. Stokes' Administratrix
Court of Appeals of Kentucky
Decided October 12, 1915PublishedCited by 9 opinions
Appeal from Hopkins Circuit Court.
1Opinion of the Court
*143Opinion op the Court by
William Rogers Clay, Commissioner.
Reversing.
On January 18th, 1913, James B. Stokes was struck and killed by a train owned and operated by the Louisville & Nashville Railroad Company. In this action by his administratrix to recover damages for his death, there was a verdict and judgment in favor of the plaintiff for $5,000.00. The railroad company appeals.
It is not insisted that the defendant owed the decedent the duty of using ordinary care to discover his peril or that his peril could have been discovered sooner than it was by the exercise of ordinary care. The only…
2Cases cited4 opinions
- Stuart's Admr. v. Nashville, Chattanooga & St. Louis Railway Co.Court of Appeals of Kentucky · 1912
- Weidekamp's Administratrix v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1914
- Osborne's Administrator v. Cincinnati, New Orleans & Texas Pacific Railway Co.Court of Appeals of Kentucky · 1914
- Louisville & Nashville Railroad v. Stayton's AdministratorCourt of Appeals of Kentucky · 1915
3Cited by9 opinions
- Illinois Central Railroad v. Cash's AdministratrixCourt of Appeals of Kentucky (pre-1976) · 1927
- Chesapeake & Ohio Ry. Co. v. Harrell's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1934
- Kentucky Traction & Terminal Co. v. Roschi's AdministratorCourt of Appeals of Kentucky · 1919
- Louisville Railway Co. v. PotterCourt of Appeals of Kentucky · 1917
- Chesapeake & O. Ry. Co. v. Prater's Adm'xCourt of Appeals of Kentucky (pre-1976) · 1933
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