Louisville & N. R. R. v. Whitlow's Admr.
Court of Appeals of Kentucky
Case 51 — Action by T. P. Whitlow’s Admr. against Louisville & N. R. R. Co. to Recover. Damages fob Personal Injuries to Plaintiff’s Intestate Received in the State of Tennessee.— Deo. 10, 1897. appeal from the warren circuit court. Judgment for Pi.aintiff and Defendant Appeals.
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Case 51 — Action by T. P. Whitlow’s Admr. against Louisville & N. R. R. Co. to Recover. Damages fob Personal Injuries to Plaintiff’s Intestate Received in the State of Tennessee.— Deo. 10, 1897. appeal from the warren circuit court. Judgment for Pi.aintiff and Defendant Appeals. The appellee’s intestate, T. P. Whitlow, an unmarried man •about twenty-two years of age, while engaged in coupling the locomotive to the freight train on which he was a brakeman, was killed on the--day of November, 1889, at Fountain Head, a station on appellant’s railroad in the State of Tennessee. At the time of his…
1Opinion of the Court
.Opinion of the court by
JUDGE PAYNTER
— Affirming
While T. P. Whitlow was in the service of the appellant as brakeman on one of its trains he is alleged' to have been killed by gross and willful negligence of the servants and employes of the appellant in charge of the train. At the time of his death he was a resident of this State, and his father qualified as his personal representative in the Warren county court. That the personal representative had the( right to maintain the action, if the liability existed under the laws of Tennessee, can not be questioned. Bruce’s *478Adm’rs v. Railroad Co., 83…
2Cases cited8 opinions
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Scudder v. Union National BankSupreme Court of the United States · 1875
- Herrick v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
- Bruce's Adm'r v. Cincinnati R. R.Court of Appeals of Kentucky · 1885
- Johnson v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- In Re Pennsylvania R. Co.Court of Appeals for the Second Circuit · 1931
- Commonwealth Fuel Co. v. McNeilSupreme Court of Connecticut · 1925
- Sharp v. Cincinnati, N. O. & T. P. Ry. Co.Tennessee Supreme Court · 1915
- Caine v. St. Louis S. F. R. Co.Supreme Court of Alabama · 1923
- Louisville & Nashville R. R. v. SmithCourt of Appeals of Kentucky · 1909
7 more not listed; retrieve them via the Exa API.