Carden v. L. & N. R. R.
Court of Appeals of Kentucky
Case 17 — PETITION ORDINARY 1. The cause of action in this case only arose after the death of the decedent, and did not exist before her death, and the statute of lirnitation did not begin to run until after the appointment and qualification of the administrator has been uniformly decided in this State without exception.
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Case 17 — PETITION ORDINARY 1. The cause of action in this case only arose after the death of the decedent, and did not exist before her death, and the statute of lirnitation did not begin to run until after the appointment and qualification of the administrator has been uniformly decided in this State without exception. Beauchamp’s Adm’r. v. Mudd, 2 Bibb, 532; Baker’s Adm’r. v. Baker, 13 B. M., 408: Pendleton’s Ex’r. v. Pendleton’s Adm’r., 6 Bush, 470; Hull v. Deatly, 7 Bush, 690. 2. The case of L. & N. R. R. v. Sanders, 86th Ky., 260, is unlike the case at bar. That action was prosecuted by…
1Opinion of the Court
JUDGE BURNAM
delivered tee opinion op the court.
Appellant instituted this suit in the Hart Circuit Court on the 19th day of April, 1895, as administrator of the estate of Julia Ann Smith, alleging that on the 15th day of December, 1887, the said Julia Ann Smith departed this life intestate, her husband having died a few years before intestate, and that said Julia Ann Smith left surviving her fourchildren as the only heirs-at-law, all of whom were over twenty-one years of age at the date of her death except one.
The claim is for compensatory damages for the negligent killing of deceased by the…
2Cited by27 opinions
- Reading Co. v. KoonsSupreme Court of the United States · 1926
- Louisville & N. R. R. v. Simrall's Admr.Court of Appeals of Kentucky · 1907
- Conner v. George W. Whitesides Co.Kentucky Supreme Court · 1992
- Nichols v. Chesapeake & O. Ry. Co.Court of Appeals for the Sixth Circuit · 1912
- Cashman v. HedbergSupreme Court of Minnesota · 1943
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