Donahue v. Drexler
Court of Appeals of Kentucky
Case 26 — ORDINARY APPEAL PROM JEFFERSON COMMON PLEAS COURT. 1. "Where a husband makes a compromise with a party who has wantonly beaten him with a deadly weapon whereby in consideration of the receipt of money the husband releases the party from all claim for damages on account of the injury, and the husband afterwards died from the injuries, such compromise does not bar his widow's right to-an action against the party killing the decedent under section 6, chap. 1, Gen.…
Read the full summary
Case 26 — ORDINARY APPEAL PROM JEFFERSON COMMON PLEAS COURT. 1. "Where a husband makes a compromise with a party who has wantonly beaten him with a deadly weapon whereby in consideration of the receipt of money the husband releases the party from all claim for damages on account of the injury, and the husband afterwards died from the injuries, such compromise does not bar his widow's right to-an action against the party killing the decedent under section 6, chap. 1, Gen. Stats., p. 142; Gen. Stats., p. 179; 1 Parker, 182; 12 Pick., 496; 39 Ala., 229 ; Elder v. R. R. Co , 14 B. Mon., 204;…
1Opinion of the CourtChief Justice Hargis
In January, 1881, Jolm Donahue brought suit for assault and battery against Frederick Drexler. On the-25th of the following April it was, by written agreement, dismissed, settled; each party paying his own *158costs, Donahue died the 8th day of May, and his wife, the appellant, on the 24th of September, 1881, instituted this action against Drexler for reparation of the injury resulting to her from the killing of her husband. Her suit is based upon the 6th section of chapter 1, - General Statutes, which reads as follows: “The widow and minor child or children (or either or any of them) ■ of a…
2Cases cited3 opinions
- Hansford's administratrix v. Payne & Co.Court of Appeals of Kentucky · 1875
- Marshall v. McDanielCourt of Appeals of Kentucky · 1876
- Conner's adm'x v. PaulCourt of Appeals of Kentucky · 1876
3Cited by5 opinions
- Lindsay v. AllenTennessee Supreme Court · 1904
- Louisville Ry. Co. v. Raymond's Adm'rCourt of Appeals of Kentucky · 1909
- Stephens v. TerryCourt of Appeals of Kentucky · 1917
- Morehead's Administratrix v. BittnerCourt of Appeals of Kentucky · 1899
- Edwards v. Interstate Chemical Co.Supreme Court of North Carolina · 1916