Illinois Central Ry. Co. v. Head
Court of Appeals of Kentucky
Case 103 — Action by Fred Head, Guardian, Against Illinois Central Ry. Co., eor Damages for Delay in Furnishing Transportation. APPEAL FROM MUHLENBERG CIRCUIT COURT-S. R. CREWDSON, CIRCUIT JUDGE. Judgment for Plaintiff. Defendant Appeals. POINTS DISCUSSED. 1. A guardian can not sue in his own name, hut the suit must be in the name of the ward, by his guardian or next friend.
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Case 103 — Action by Fred Head, Guardian, Against Illinois Central Ry. Co., eor Damages for Delay in Furnishing Transportation. APPEAL FROM MUHLENBERG CIRCUIT COURT-S. R. CREWDSON, CIRCUIT JUDGE. Judgment for Plaintiff. Defendant Appeals. POINTS DISCUSSED. 1. A guardian can not sue in his own name, hut the suit must be in the name of the ward, by his guardian or next friend. Civil Code, sec. 35, sub. 1, ib. 21; McCord and Others v. Fisher’s Heirs, 13 B. M., 194; Powell and Others v. Gossorn, 18 B. M., 192; Anderson v. Watson, 3 Met., 509. 2. The petition was not sufficient in showing the…
1Opinion of the Court
Opinion op the court by
CHIEF JUSTICE HOBSON
Reversing.
George Head died on April 28„ 1901, at Greenville, Ky. His son Rupert Head was then in St. Louis. His son Fred Head, who was at home, on the 29th went to the uptown telegraph office to telephone out to the railroad station and ask what the fare from St. Louis to Greenville was, and was told that it was $8. By an arrangement made with the agent through one Jarvis, he paid Jarvis the $8; and, *811Jarvis having told the agent that the money was deposited with him, the agent wired a ticket to St. Louis for Rupert Head, his telegram being as follows:
2Cited by8 opinions
- Brumfield v. Consolidated Coach CorporationCourt of Appeals of Kentucky (pre-1976) · 1931
- Wathen v. MacKeyCourt of Appeals of Kentucky (pre-1976) · 1945
- Louisville & Northern Railway & Lighting Co. v. ComleyCourt of Appeals of Kentucky · 1916
- Dr. Pepper Bottling Co. of Kentucky v. HazelipCourt of Appeals of Kentucky (pre-1976) · 1940
- McBride v. MossCourt of Appeals of Kentucky · 1969
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