Legal Opinion

Henderson's Adm'r v. Ky. Cent. R. R.

Court of Appeals of Kentucky

Decided December 6, 1887PublishedCited by 25 opinions

Case 55 — PETITION ORDINARY APPEAL FROM KENTON CIRCUIT COURT. The institution of an action by a personal representative, under section 3, chapter 57, General Statutes, precludes any action by the widow or heir for the same cause. No brief in record.

1Opinion of the Court

JUDGE LEWIS

DELIVERED THE OPINION OF THE COURT.

This is an action brought under section 3, chapter 57, General Statutes, by the personal representative, to recover damages for the destruction of the life of Charles L. Henderson, by the alleged willful neglect of the defendant or its agents, which section is as follows :

“If the life of any person is lost or destroyed by the neglect of another person, * company, * corporation * their, agents or servants, then the widow, heir or personal representative of the deceased shall have the right to sue such person, * company, * corporation, * and recover…

2Cases cited1 opinion

  1. Louisville & Nashville Railroad v. Brooks' Adm'xCourt of Appeals of Kentucky · 1885

3Cited by25 opinions

  1. Pete v. AndersonKentucky Supreme Court · 2013
  2. Hindry v. HoltSupreme Court of Colorado · 1897
  3. Belding v. Black Hills & Ft. P. R.South Dakota Supreme Court · 1892
  4. Noble v. City of SeattleWashington Supreme Court · 1898
  5. Clarke's Administrator v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1897

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