Filbin's Adm'r v. Chesapeake, &c., Railway Co.
Court of Appeals of Kentucky
Case 82 — PETITION ORDINARY — APPEAL PROM JEFFERSON COURT OF COMMON PLEAS. Brief not in record. 1. The petition does not show a good cause of action, since it does not allege that there is a widow or child on whose behalf the plaintiff sues. (Gen. Stats., chap. 57, sec. 3; Henderson’s Adm’r v. Ky. Cent. R. Co., 86 Ky., 389; Jordan v. C., N. O. & T. P. R. Co, 89 Ky., 40; Koening’s Adm’r y. City of Covington, 11 Ky. Law Rep., 251.) 2. 'Willful neglect defined.
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Case 82 — PETITION ORDINARY — APPEAL PROM JEFFERSON COURT OF COMMON PLEAS. Brief not in record. 1. The petition does not show a good cause of action, since it does not allege that there is a widow or child on whose behalf the plaintiff sues. (Gen. Stats., chap. 57, sec. 3; Henderson’s Adm’r v. Ky. Cent. R. Co., 86 Ky., 389; Jordan v. C., N. O. & T. P. R. Co, 89 Ky., 40; Koening’s Adm’r y. City of Covington, 11 Ky. Law Rep., 251.) 2. 'Willful neglect defined. (Shelby County v. Scearce, 2 Duv., 576; L. & H. K. Co. v. Eilburn, 6 Bush, 575; Murphy v. L. & P. Canal Co., 9 Bush, 531; Jacobs v. L. &…
1Opinion of the CourtChief Justice Holt
Thomas J. Filbin was instantly killed in the night time while employed as a fireman upon one of the appellee’s' trains by it coming in contact with a tree that had fallen across the track. His administrator brought this action under section 3, chapter 57, of the General Statutes, which provides: “If the life of any person or persons is lost or destroyed by the willful neglect of another person or persons, company or companies, corporation or corporations, their agents' or servants, then the widow, heir, or personal representative of the deceased shall have the right to sue such person or…
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