Harper v. Newport News & Mississippi Valley Co.
Court of Appeals of Kentucky
Case 58 — PETITION ORDINARY appeal prom m’cracken court -op common pleas. Section 72, and not section 78, of the Civil Code regulates the jurisdiction in cases like this, and, therefore, the action may be brought in any county where the corporation has an office or place of business. Section 72 of the Civil Code does not apply to actions against common carriers. Section 73 regulates the jurisdiction in such cases.
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
Appellant instituted this action in the McCracken Common Pleas Court against appellees to recover damages for personal injury done in Craves county by a locomotive engine running over him through negligence of those in charge of it.
It is stated in the petition that the railroad, on the track of which appellant was at time of the injury, was owned by the Chesapeake and Ohio and Southwestern Railroad Company, but was then controlled and operated exclusively by the Newport News and Mississippi Yalley Railroad Company, a carrier of freight and…
2Cases cited2 opinions
- Chesapeake, Ohio & Southwestern Railroad v. Heath's Adm'rCourt of Appeals of Kentucky · 1888
- Sherrill v. Chesapeake, Ohio & Southwestern Railway Co.Court of Appeals of Kentucky · 1889
3Cited by12 opinions
- Hukill v. Maysville & B. S. R. Co.U.S. Circuit Court for the District of Kentucky · 1896
- McCabe's Admx. v. Maysville & B. S. R.Court of Appeals of Kentucky · 1902
- Louisville & N. R. R. Co. v. Breeden's Adm'x.Court of Appeals of Kentucky · 1901
- Clinger's Admx. v. C. & O. Ry. Co.Court of Appeals of Kentucky · 1908
- Gainesboro Telephone Co. v. BucknerCourt of Appeals of Kentucky · 1914
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