Illinois Central Ry. Co. v. Stith's Adm'x
Court of Appeals of Kentucky
Case 31. — ACTION BY ROBERT H. STITH’S ADM’X AGAINST THE ILLINOIS CENTRAL RAILROAD CO. FOR CAUSING THE DEATH OF PLAINTIFF’S INTESTATE. Appeal from Hardin Circuit Court. Weed S. Chele, Circuit Judge. Judgment for plaintiff. Defendants appeal. J. M. DICKINSON, PIRTLE, TRABUE, DOOLAN & COX, of counsel.
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Case 31. — ACTION BY ROBERT H. STITH’S ADM’X AGAINST THE ILLINOIS CENTRAL RAILROAD CO. FOR CAUSING THE DEATH OF PLAINTIFF’S INTESTATE. Appeal from Hardin Circuit Court. Weed S. Chele, Circuit Judge. Judgment for plaintiff. Defendants appeal. J. M. DICKINSON, PIRTLE, TRABUE, DOOLAN & COX, of counsel. POINTS AND AUTHORITIES. 1. The court erred in refusing to peremptorily instruct the jury to find for the defendants at the conclusion of plaintiff’s testimony, and again at the conclusion of all the evidence. (Brown’s Adm’r v. L. & N. R. R. Co., 97 Ky., 228; Bowling Green Stone Co. v. Capshaw, 23…
1Opinion of the Court
Opinion by
Judge Nunn.
Reversing.
Tlie appellee’s intestate was an engineer on a work train of appellant, and. was killed on December 27, 1902, at Caneyville, Grayson county, Ky. The decedent at tlie time of Ms death was a resident of Louis-' viHe, Jefferson county Ky., where the appellee qualified as the administratrix of his estate. She, as such administratrix, instituted this action in the Hardin Circuit Court> and, in substance, alleged in the petition that appellants, Illinois Central Railroad Company and one Louis Cofer, an engineer in the employ of the railroad “company, by gross…
2Cases cited10 opinions
- Brown's Admr. v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1895
- Cahill v. CincinnatiCourt of Appeals of Kentucky · 1891
- Louisville & Nashville R. R. v. LoweCourt of Appeals of Kentucky · 1904
- Louisville & Nashville Railroad v. Earl's Adm'xCourt of Appeals of Kentucky · 1893
- Louisville & Nashville Railroad v. McCoyCourt of Appeals of Kentucky · 1883
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Chesapeake & Ohio Ry. Co. v. WileyCourt of Appeals of Kentucky · 1909
- Brown, Admr. v. Perry, Jr.Supreme Court of Vermont · 1931
- Mageau v. Great Northern Railway Co.Supreme Court of Minnesota · 1908
- Louisville & Nashville Railroad v. Spears' Admr.Court of Appeals of Kentucky · 1921
- Smith v. . PattersonSupreme Court of North Carolina · 1912
6 more not listed; retrieve them via the Exa API.