Newport News & Mississippi Valley Co. v. Dentzel's Adm'r
Court of Appeals of Kentucky
Case 6 — PETITION ORDINARY — APPEAL FROM GRAYSON CIRCUIT COURT. 1. There can be no recovery under section 3 of chapter 57, General Statutes, where the decedent left no widow or child. (Jordan’s Adm’r v. Railroad Co., 89 Ky., 40; Henderson v. Railroad Co., 86 Ky., 389; Henning v. Leather Co., 11 Ky. Law Rep., 544.) And that section applies, notwithstanding John Dentzel lived nine hours after he received the injury. (Cincinnati, &c., B’y Co. v. Adams’ Adm’r, 11 Ky.
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Case 6 — PETITION ORDINARY — APPEAL FROM GRAYSON CIRCUIT COURT. 1. There can be no recovery under section 3 of chapter 57, General Statutes, where the decedent left no widow or child. (Jordan’s Adm’r v. Railroad Co., 89 Ky., 40; Henderson v. Railroad Co., 86 Ky., 389; Henning v. Leather Co., 11 Ky. Law Rep., 544.) And that section applies, notwithstanding John Dentzel lived nine hours after he received the injury. (Cincinnati, &c., B’y Co. v. Adams’ Adm’r, 11 Ky. Law Rep., 834.) 2. The trial judge himself should have determined whether, on the conceded facts, appellant’s neglect was willful…
1Opinion of the CourtChief Justice Holt
John Dentzel, while in the employ of the appellant, the Newport News and Mississippi Yalley Company, as a brakeman,- and when engaged in his duties as such *45employe, received injuries which caused his death nine hours after their infliction, A heavily loaded freight train of the appellant, of about seventeen cars, stopped when upon an ascending grade. In endeavoring to move it, a draw-head was torn from its place, but the train soon started again, and, upon doing so, the deceased resumed his proper place as a brakeman upon the front part of the train, while the only other brakeman upon the…
2Cases cited3 opinions
- 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
- Hansford's administratrix v. Payne & Co.Court of Appeals of Kentucky · 1875
3Cited by11 opinions
- Bowling Green Gas Light Co. v. Dean's Extx.Court of Appeals of Kentucky · 1911
- Illinois Central Railroad v. Doherty's Admr.Court of Appeals of Kentucky · 1913
- Edwards-Barnard Co. v. PflanzCourt of Appeals of Kentucky · 1903
- Carolina, C. & O. Railroad v. ShewalterTennessee Supreme Court · 1913
- Hackett v. Louisville, R.Court of Appeals of Kentucky · 1894
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