Legal Opinion

Pittsburg, C., C. & St. L. Ry. Co. v. Darlington's Admx.

Court of Appeals of Kentucky

Decided June 17, 1908PublishedCited by 14 opinions

CASE 28. — ACTION BY HUGH DARLINGTON’S ADMINISTRA-TRIX AGAINST THE PITTSBURG. CINCINNATI, CHICAGO & ST. LOUIS RAILWAY CO. FOR CAUSING DEATH OF INTESTATE. — June 17. Appeal from Jefferson Circuit Court (Common Pleas Branch, First Division). Emmet Field, Judge. Judgment for plaintiff.

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CASE 28. — ACTION BY HUGH DARLINGTON’S ADMINISTRA-TRIX AGAINST THE PITTSBURG. CINCINNATI, CHICAGO & ST. LOUIS RAILWAY CO. FOR CAUSING DEATH OF INTESTATE. — June 17. Appeal from Jefferson Circuit Court (Common Pleas Branch, First Division). Emmet Field, Judge. Judgment for plaintiff. Defendant appeals. — On the trial of this case against two defendants the jury returned the following verdict: “We, the jury, find a verdict for the plaintiff to the amount of $10,000 and fix the píame on the Pennsylvania R. R. Co.” We submit that on the face of the record, the verdict as returned did not warrant…

1Opinion of the Court

Opinion of the Court by

Chief Justice O’Rear—

Affirming.

Hugh. Darlington was killed in a collision between a train operated by appellant and one operated by the Louisville & Nashville Railroad Company, which were using the same track. His administratrix sued both the railroad companies to recover damages for the destruction of his life, charging each with negligence. The result of the trial, which was conducted, so far as the court’s rulings went, in unobjectionable manner, was the following verdict: “We, the jury, find a verdict for the plaintiff to the amount of ten thousand dollars and fix…

2Cases cited8 opinions

  1. Illinois Central Ry. Co. v. Murphy's Admr.Court of Appeals of Kentucky · 1906
  2. Red River & Lake of the Woods Railroad v. StureSupreme Court of Minnesota · 1884
  3. Miller v. ShacklefordCourt of Appeals of Kentucky · 1836
  4. Handley, Reeves & Co. v. Lawley & Co.Supreme Court of Alabama · 1890
  5. Rogers v. WiggsCourt of Appeals of Kentucky · 1851

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3Cited by14 opinions

  1. Fennessey v. Pacific Gas & Electric Co.California Supreme Court · 1938
  2. Romans v. McGinnisCourt of Appeals of Kentucky · 1913
  3. Chesapeake & Ohio Railway Co. v. BoothCourt of Appeals of Kentucky · 1912
  4. Ray v. RayCourt of Appeals of Kentucky · 1922
  5. Dow Drug Co. v. NiemanOhio Court of Appeals · 1936

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