Hall's Adm'r v. L. & N. R. R.
Court of Appeals of Kentucky
Case 78 — PETITION ORDINARY Appeal from jepperson circuit court, law and equity division. 1, Actions sounding in tort are distinctively transitory in their nature, and according to the well-known rule of common law, which ■is inforced in this State, governing the venue of transitory actions, that court has jurisdiction of the subject matter which obtains jurisdiction of the person.
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Case 78 — PETITION ORDINARY Appeal from jepperson circuit court, law and equity division. 1, Actions sounding in tort are distinctively transitory in their nature, and according to the well-known rule of common law, which ■is inforced in this State, governing the venue of transitory actions, that court has jurisdiction of the subject matter which obtains jurisdiction of the person. Watts v. Thomas, 2 Bibb, 258; ¡Bruce’s Administrator v. Cincinnati Railroad Co., 83 Ky., 174; ¡Hansford v. Payne, 11 Bush, 380; Wintuska’s Administrator v. L. & N. Railroad Co., 14 Ky. Law Rép., 597; Brown’s…
1Opinion of the Court
JUDGE DuRELLE
delivered the opinion of the court.
Suit was brought by appellant as administrator a? James Hall for damages for the negligent killing of its intestate in Sumner county, Tennessee, the petition being .based upon a statute of that State giving a right of action for such killing, as well as for the pain and suffering endured before the intestate’sdeath. A special demurrer tothe petition as amended was-sustained, the ground for the demurrer being stated to be' because it appeared from the petition that the court had no-jurisdiction, the petition showing affirmatively that plaintiff’s…
2Cases cited2 opinions
- Jacobs's adm'r v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1874
- Bruce's Adm'r v. Cincinnati R. R.Court of Appeals of Kentucky · 1885
3Cited by13 opinions
- Hathaway v. HoffmanSupreme Court of Oklahoma · 1915
- Forrester v. Southern Pacific Co.Nevada Supreme Court · 1913
- Phillips' Committee v. Ward's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1931
- Austin's Admr. v. Pittsburg, C. C. & St. L. Ry. Co.Court of Appeals of Kentucky · 1906
- Louisville & Nashville Railroad v. HerbTennessee Supreme Court · 1911
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