Linck's Administrator v. Louisville & Nashville R. R.
Court of Appeals of Kentucky
Case 04 — ACTION FOR NEGLIGENCE CAUSING DEATH APPEAL JTROM TODD CIRCUIT COURT. 1. The new Constitution and ithe statute enacted pursuant to same make the -master -liable in ail -cases for the negligence of a servant causing the de-ath of his fellow-servant. 2. If they do not the master is liable-, under the decisions of this court, if, though ithe -servants are co-equals and engaged on the same train, the negligence alleged consists in the improper doing of a particular act…
Read the full summary
Case 04 — ACTION FOR NEGLIGENCE CAUSING DEATH APPEAL JTROM TODD CIRCUIT COURT. 1. The new Constitution and ithe statute enacted pursuant to same make the -master -liable in ail -cases for the negligence of a servant causing the de-ath of his fellow-servant. 2. If they do not the master is liable-, under the decisions of this court, if, though ithe -servants are co-equals and engaged on the same train, the negligence alleged consists in the improper doing of a particular act over which the co-ordinate could not ■possibly exercise -any control. 3. If the appellant is mistaken in both of these…
1Opinion of the Court
JUDGE WHITE
deliveeed the opinion of the coubt.
This is an action for damages for causing the death of Edward B. Linck, brought in the Todd Circuit' Court. The original petition was in two paragraphs, and alleged *373that decedent was killed by being run over by cars backed by the engine; that at the time decedent was the conductor of that train, but, on account of the temporary absence of a brakeman was acting for and in the place of the brakeman in making the coupling. The alleged negligence was (1) that of the engineer, in backing the engine with great and unnecessary violence, so that the…
2Cases cited3 opinions
- Louisville & Nashville Railroad v. CollinsCourt of Appeals of Kentucky · 1865
- Cincinnati, &c., Railroad v. PalmerCourt of Appeals of Kentucky · 1895
- Edmonson v. Kentucky Central Railway Co.Court of Appeals of Kentucky · 1899
3Cited by11 opinions
- Louisville & N. R. R. v. BrownCourt of Appeals of Kentucky · 1908
- Louisville & Nashville Railroad v. Strange's AdministratrixCourt of Appeals of Kentucky · 1913
- Cincinnati, N. O. & T. P. Ry. Co. v. Cook's Admr.Court of Appeals of Kentucky · 1902
- Louisville & Nashville R. R. v. Stewart's Admr.Court of Appeals of Kentucky · 1909
- Hoffman v. City of MaysvilleCourt of Appeals of Kentucky · 1906
6 more not listed; retrieve them via the Exa API.