Givens v. Kentucky Central Railway Co.
Court of Appeals of Kentucky
Case 36 — PETITION ORDINARV APPEAL PROM HARRISON CIRCUIT COURT. 1. The administrator of a person killed by a railroad company can maintain an action for such killing under section 1, chapter 57, Genera] Statutes, although the decedent left neither widow nor child. The case of Henderson’s Adm’r v. Ky. Cent. R. Co., 9 Ky.
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Case 36 — PETITION ORDINARV APPEAL PROM HARRISON CIRCUIT COURT. 1. The administrator of a person killed by a railroad company can maintain an action for such killing under section 1, chapter 57, Genera] Statutes, although the decedent left neither widow nor child. The case of Henderson’s Adm’r v. Ky. Cent. R. Co., 9 Ky. Law Rep., was an action under section 3 of chapter 57, and therefore has no application. 2. At common law there could be no recovery where the death was immediate. (Eden v. Lex. R. Co., 14 B. M., 204.) But this has been changed by statute, and the representatives of the…
1Opinion of the Court
JUDGE RRYOR
delivered the opinion on the court.
When this cause was considered and the judgment affirmed, the court was of the opinion that the two cases of Henderson v. Kentucky Central R. Co., 86 Ky., 389, and Jordan’s Adm’r v. Cincinnati, &c., R. Co., ante, p. 40, settled this case; but after reconsidering the question, we are satisfied the court erred in the former opinion. While the death of the child was instantaneous, and at common law no cause of action survived to his personal representative, the statute that applies alone to railroad corporations gives in express terms a right of…
2Cases cited4 opinions
- Kentucky Central R. R. v. Gastineau's Adm'rCourt of Appeals of Kentucky · 1885
- Louisville, Cincinnati & Lexington R. R. v. Case's administratorCourt of Appeals of Kentucky · 1873
- Louisville & Portland Canal Co. v. MurphyCourt of Appeals of Kentucky · 1872
- Henderson's Adm'r v. Ky. Cent. R. R.Court of Appeals of Kentucky · 1887
3Cited by11 opinions
- Perham v. Portland Electric Co.Oregon Supreme Court · 1898
- Dillon v. Great Northern Railway Co.Montana Supreme Court · 1909
- Southern Pacific Co. v. WilsonArizona Supreme Court · 1906
- Louisville & Nashville R. R. v. Kelly's AdministratrixCourt of Appeals of Kentucky · 1897
- Belding v. Black Hills & Ft. P. R.South Dakota Supreme Court · 1892
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