Legal Opinion

Mortimer v. Louisville & Nashville Railroad

Court of Appeals of Kentucky

Decided December 15, 1874PublishedCited by 1 opinion

Case 9—PETITION ORDINARY— APPEAL PROM LOGAN CIRCUIT COURT. ' CITED Act of March 17, 1871, Session Acts, pages 67, 68. Act of Feb. 6, 1858, amending charter of appellee. CITED. Act. of February 23, 1856, Session Acts, page 315. Act of February 6, 1858, Session Acts, page 293. MS. Op., Oct. 15, 1869, Watson v. L. & N. R, R. Co. General Statutes, chapter 57, sections 6 and 7. 8 Bush, 348, O’Bannon v. L., 0. & L. E. E. Co.

1Opinion of the Court

CHIEF. JUSTICE BETEES

delivered -,thé opinion op the court.

Appellant1 brought this- action, against appellee.on the 22d of October, 1873, for running its locomotive over and killing his horse on the 6th of April, 1873.

In the second paragraph .of. the. answer appellee pleaded and relied on the statute of limitations as a bar to the action. Appellant demurred to that paragraph of the answer. His demurrer was, overruled., by the. .court. below; fye elected to stand by his demurrer; and judgment having been rendered against him,, lje. now, appeals to, this court to .review and reverse that…

2Cited by1 opinion

  1. City of Covington v. HoadleyCourt of Appeals of Kentucky · 1885

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