Louisville & Nashville R. R. v. Filbern's Adm'x
Court of Appeals of Kentucky
Case 76 — PETITION ORDINARY — CITED Revised Statutes, see. 3, Act of March 10,1854, 2 Stanton, 510. 2 Duvall, 576, Board of Int. Imp. Shelby County v. Seearce. Sedgwick on Damages, pages 93, 143, 468. 4 Bush, 508, Louisville & Nashville Railroad Co. v. Robinson. 22 Ind. 29, 30, Thayer v. St. Louis, Alton & T. H. R. R. Co. Pearce on American Railways, pages 296, 297, 257, 262, 293. 49 Barbour, 324, Faulkner v. Brie Railway Company. 25 New York, 562. 28 2nd. 371, Ohio & Miss.
Read the full summary
Case 76 — PETITION ORDINARY — CITED Revised Statutes, see. 3, Act of March 10,1854, 2 Stanton, 510. 2 Duvall, 576, Board of Int. Imp. Shelby County v. Seearce. Sedgwick on Damages, pages 93, 143, 468. 4 Bush, 508, Louisville & Nashville Railroad Co. v. Robinson. 22 Ind. 29, 30, Thayer v. St. Louis, Alton & T. H. R. R. Co. Pearce on American Railways, pages 296, 297, 257, 262, 293. 49 Barbour, 324, Faulkner v. Brie Railway Company. 25 New York, 562. 28 2nd. 371, Ohio & Miss. Railroad Co. v. Hammersley. 23 Ind. 81, Slattery’s adm’r v. Toledo & Wabash Railroad Co. 11 Ohio, 417, Manville v. The…
1Opinion of the Court
JUDGE HARDIN
delivbbed the opinion op the court.
During a storm, which, occurred on the night of the 16th of March, 1868, a dead and partially decayed oak-tree, which stood on the road-bed and near the track of the Louisville & Nashville Railroad, fell across the track, by which the engine of an express-train, on its way from Nashville to Louisville, was thrown from the track, and Thomas Filbern, the engineer, was instantly killed.
The widow of Filbern, having become his administratrix, brought this action against the railroad company for the recovery of punitive damages, under the provisions *576of…
2Cases cited1 opinion
- Louisville & Nashville Railroad v. RobinsonCourt of Appeals of Kentucky · 1868
3Cited by8 opinions
- Louisville, New Albany & Chicago Railway Co. v. BryanIndiana Supreme Court · 1886
- Parker v. Pennsylvania Co.Indiana Supreme Court · 1893
- Cleveland, C., C. & St. L. Ry. Co. v. TarttCourt of Appeals for the Seventh Circuit · 1894
- Chicago, Rock Island & Pacific Railway Co. v. LacySupreme Court of Kansas · 1908
- Louisville, Cincinnati & Lexington Railroad v. Mahony's adm'xCourt of Appeals of Kentucky · 1870
3 more not listed; retrieve them via the Exa API.