Louisville & Nashville Railroad v. McElwain
Court of Appeals of Kentucky
Case 113 — PETITION ORDINARY — APPEAL FROM TODD CIRCUIT COURT. The judgment in the action by the husband to recover for the mental and physical suffering of the wife is a bar to this action by him to recover for the loss of her society.
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Case 113 — PETITION ORDINARY — APPEAL FROM TODD CIRCUIT COURT. The judgment in the action by the husband to recover for the mental and physical suffering of the wife is a bar to this action by him to recover for the loss of her society. (Conner’s Adm’r v. Paul, 12 Bush, 145; Hansford’s Adm’r v. Payne & Co., 11 Bush, 385.) In this suit a new cause of action, which could not have been litigated in the former suit, is presented by a new party, and therefore the judgment in the former suit is not a bar. (Hansford’s Adm’r v. Payne & Co., 11 Bush, 384.)
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion of the court.
On the 8th day of October, 1892, a freight train on appellant’s road struck Josephine E. McElwain while she was crossing the track at a public road crossing, inflicting injuries from which she died on the 23d day of December, 1892. T. W. McElwain, the plaintiff in this case, qualified as executor of her will, instituted an action as such personal repre- ■ sentative and recovered a judgment against the defendant for the sum of five thousand dollars. This action was instituted at the same time by the plaintiff -is the husband of the deceased…
2Cases cited2 opinions
- Hansford's administratrix v. Payne & Co.Court of Appeals of Kentucky · 1875
- Conner's adm'x v. PaulCourt of Appeals of Kentucky · 1876
3Cited by24 opinions
- Southern Bell Telephone & Telegraph Co. v. CassinSupreme Court of Georgia · 1900
- Burk v. AndersonIndiana Supreme Court · 1952
- Louisville & Nashville Railroad v. Strange's AdministratrixCourt of Appeals of Kentucky · 1913
- Ledger v. TippittCalifornia Court of Appeal · 1985
- Sweetland v. Chicago & Grand Trunk Railway Co.Michigan Supreme Court · 1898
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