Hackett v. Louisville, R.
Court of Appeals of Kentucky
Case 40 — PETITION ORDINARY APPEAL PROM DAVEISS CIRCUIT COURT. It is not possible to reach the conclusion that the injury would not have-occurred hut for the act of the plaintiff’s intestate. But even though it were by her fault the timber was precipitated upon her, the appellee is liable. (Bransom’s Adm’r v. Labrot, &c., 81 Ky., 639.) Given’s Adm’r v. Ky. Cent. R. Go., 12 Ky. Law Rep., 950, distinguished. 1. This was an action under section 3 of chapter 57, Gen. Stats.
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Case 40 — PETITION ORDINARY APPEAL PROM DAVEISS CIRCUIT COURT. It is not possible to reach the conclusion that the injury would not have-occurred hut for the act of the plaintiff’s intestate. But even though it were by her fault the timber was precipitated upon her, the appellee is liable. (Bransom’s Adm’r v. Labrot, &c., 81 Ky., 639.) Given’s Adm’r v. Ky. Cent. R. Go., 12 Ky. Law Rep., 950, distinguished. 1. This was an action under section 3 of chapter 57, Gen. Stats. The coupling of the allegation of gross neglect with that of willful neglect does not change the character of the action.…
1Opinion of the Court
CHIBS’ JUSTICE BENNETT
deliveked the opinion of the count.
The appellant brought this action under section 3, chapter 57, General Statutes, to recover damages for the death of his seven years old child, caused by the willful negligence of the appellee, consisting in piling some railroad ties on the commons in the City of Owensboro so carelessly and negligently that the ties, while the child was playing on the pile, rolled down and on the child, injuring it, and from which it died sixteen days thereafter.
It is alleged by the appellant that he is the father of the child and its only heir. Now,…
2Cases cited5 opinions
- Bransom's adm'r v. LabrotCourt of Appeals of Kentucky · 1884
- Henderson's Adm'r v. Ky. Cent. R. R.Court of Appeals of Kentucky · 1887
- Jordan's Adm'r v. Cincinnati, New Orleans & Texas Pacific RailroadCourt of Appeals of Kentucky · 1889
- Newport News & Mississippi Valley Co. v. Dentzel's Adm'rCourt of Appeals of Kentucky · 1890
- Conner's adm'x v. PaulCourt of Appeals of Kentucky · 1876
3Cited by10 opinions
- Louisville & Nashville Railroad v. Strange's AdministratrixCourt of Appeals of Kentucky · 1913
- Lewis' Admr. v. Taylor Coal Co.Court of Appeals of Kentucky · 1902
- Louisville Ry. Co. v. Raymond's Adm'rCourt of Appeals of Kentucky · 1909
- Square Deal Cartage Co. v. Smith's Adm'rCourt of Appeals of Kentucky (pre-1976) · 1948
- Owensboro & Nashville Ry. Co. v. Barclay's AdministratorCourt of Appeals of Kentucky · 1897
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