Youngstown Bridge Co. v. White's Admr.
Court of Appeals of Kentucky
Case 32 — ACTION FOR NEGLIGENCE CAUSING DEATH 1. The service of the summons on Smith was void because he was not at the time, or at any time, an officer or agent of the Bridge Company. Civil Code, Secs. 51 and 732-33; Harper v. N. N. & M. V. Ry. Co., 90 Ky., 359; G. W. Mining Co. v. Mining Co., 12 Colo., 46; s. c. 13 Am.
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Case 32 — ACTION FOR NEGLIGENCE CAUSING DEATH 1. The service of the summons on Smith was void because he was not at the time, or at any time, an officer or agent of the Bridge Company. Civil Code, Secs. 51 and 732-33; Harper v. N. N. & M. V. Ry. Co., 90 Ky., 359; G. W. Mining Co. v. Mining Co., 12 Colo., 46; s. c. 13 Am. St. Rep., 204; Daviess Oounty v. Dickerson, 117 U. S., 664; Dixon County v. Field, 111 U. S!, 83. 2. The return of the sheriff on the process that it was served on Smith who was the “chief agent” of the company was unauthorized by law, meaningless and void. 3. The petition…
1Opinion of the Court
JUDGE DuRELLE
delivered the opinion of the court.
These two cases were heard together, the record being the same in each case. White’s administrator brought suit against the bridge company, an Ohio corporation, .alleging that, under a contract with the properly constituted authorities, the company undertook to build for Daviess county an iron bridge over Rhodes creek, such bridge to be well built and strong, and suitable for the passage over it of the public and such vehicles as are used by the public upon the highways of the country; that the company did build such bridge, to all appearances, *277a…
2Cases cited7 opinions
- Dixon County v. FieldSupreme Court of the United States · 1884
- Daviess County v. DickinsonSupreme Court of the United States · 1886
- Fee v. Big Sand Iron Co.Ohio Supreme Court · 1862
- Newport News, Co. v. ThomasCourt of Appeals of Kentucky · 1895
- Southern Building & Loan Ass'n v. HallumSupreme Court of Arkansas · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Williams v. Bruce's Juices, Inc.District Court, W.D. Kentucky · 1940
- Missouri-Kansas Pipe Line Co. v. HobgoodCourt of Appeals of Kentucky (pre-1976) · 1932
- Morris v. Cumberland Producing & Refining Co.Court of Appeals of Kentucky · 1920
- Studebaker Corp. of America v. MillerCourt of Appeals of Kentucky · 1916
- Todd v. S. A. Healy Co.District Court, E.D. Kentucky · 1943
1 more not listed; retrieve them via the Exa API.