Murray's Admx. v. Louisville & N. R. R.
Court of Appeals of Kentucky
Appeal from "Warren Circuit Court. 'John M. Galloway, Circuit Judge. Judgment for defendant. Plaintiff appeals. SUMMARY AND AUTHORITIES. 1. Negligence is presumed in case of collision. (L. & N. R. R. Co. v. Davis, S. W. 71-658; F. & Y. T. Co. vs. Hulette, S. W. 106-1193.) 2. In case of death, of employe the burden of proof is on the master to disprove negligence.
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Appeal from "Warren Circuit Court. 'John M. Galloway, Circuit Judge. Judgment for defendant. Plaintiff appeals. SUMMARY AND AUTHORITIES. 1. Negligence is presumed in case of collision. (L. & N. R. R. Co. v. Davis, S. W. 71-658; F. & Y. T. Co. vs. Hulette, S. W. 106-1193.) 2. In case of death, of employe the burden of proof is on the master to disprove negligence. (L. C. C. M. Co. vs. Stephen's Admr., S. W. 47-321.) 3. The foreign law, if relied upon governs, otherwise the law of the forum. (C. & N. Ry. Co. vs. Venable, S. W. 63-35; Brimhall ' vs. VanCampen, 8 Minn. 13 (82 Am. Dec. 118).) 4. A…
1Opinion of the Court
Opinion of the? Court by
Judge Hobson
Affirming
John- Murray was a locomotive engineer in the service of the Louisville & Nashville Railroad: Company *339pulling a train southward from Bowling Green. While he wa.s running under orders, he came suddenly, in the night, upon some cars standing on the main track. A collision ensued, in which he was killed instantly, in the state of Tennessee. This- suit was brought in the Warren circuit court by his administratrix to recover for his death. There was no averment in the pleadings of the plaintiff or of the defendant as to what the law of Tennessee is, and…
2Cases cited6 opinions
- Honore v. HutchingsCourt of Appeals of Kentucky · 1871
- Cope v. DanielCourt of Appeals of Kentucky · 1840
- Chesapeake & N. R. Co. v. VenableCourt of Appeals of Kentucky · 1901
- Johnson v. Bank U. StatesCourt of Appeals of Kentucky · 1842
- Klenke v. NoonanCourt of Appeals of Kentucky · 1904
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3Cited by5 opinions
- Orr v. AhernSupreme Court of Connecticut · 1928
- Louisville & Nashville R. R. v. SmithCourt of Appeals of Kentucky · 1909
- Yellow Poplar Lumber Co. v. FordCourt of Appeals of Kentucky · 1910
- Stewart's Administratrix v. BaconCourt of Appeals of Kentucky (pre-1976) · 1934
- Lemon's Admr. v. L. & N. R. R.Court of Appeals of Kentucky · 1910