Cincinnati v. Privitt's Adm'r
Court of Appeals of Kentucky
Case 43 — PETITION ORDINARY APPEAL PROM LINCOLN CIRCUIT COURT. 1. Degree of neglect alleged determines whether action is brought under section 1 or section 3 of chapter 57 of the General Statutes. (Given’s Adm’r v. Ky. Cent. Ry. Co., 11 Ky.
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Case 43 — PETITION ORDINARY APPEAL PROM LINCOLN CIRCUIT COURT. 1. Degree of neglect alleged determines whether action is brought under section 1 or section 3 of chapter 57 of the General Statutes. (Given’s Adm’r v. Ky. Cent. Ry. Co., 11 Ky. L. R., 452.) When allegation is one of negligence, or gross negligence, or gross negligence coupled with any other allegation, action is regarded as under section 1. (L. & N. R. Co. v. Smith’s Adm’r, 87 Ky., 501; Morris’ Adm’r v. L. & N. R. Co., 12 S. W. R., 940.) When, as in this case, the sole allegation is one of “ willful negliligence,” action is under…
1Opinion of the Court
CHIEE JUSTICE HOLT
delivered the opinion or the court.
George M. Privitt, a passenger upon, a local freight train of the appellant, was instantly killed by a collision of two of its trains. His administrator brought this action to recover damages upon the ground that his death was caused by the willful negligence of the agents of the appellee in charge of the train.
Section 3, chapter 57 of the General Statutes, provides, that if the life of any person be lost by the willful neglect of any person, company or corporation, its agents or servants, the widow, heir or personal representative may sue…
2Cases cited5 opinions
- Louisville, Cincinnati & Lexington R. R. v. Case's administratorCourt of Appeals of Kentucky · 1873
- 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
- Claxton's Administrator v. Lexington & Big Sandy R. R.Court of Appeals of Kentucky · 1878
- Givens v. Kentucky Central Railway Co.Court of Appeals of Kentucky · 1889
3Cited by5 opinions
- Louisville & Nashville R. R. v. Kelly's AdministratrixCourt of Appeals of Kentucky · 1897
- Coldwell v. DavidsonCourt of Appeals of Kentucky · 1920
- Singleton v. FeltonCourt of Appeals for the Sixth Circuit · 1900
- East Tennessee Telephone Co. v. Simm's AdministratorCourt of Appeals of Kentucky · 1896
- Louisville & Nashville Railway Co. v. CopleyCourt of Appeals of Kentucky · 1917