Legal Opinion

Whitman's Admr. v. Louisville Ry. Co.

Court of Appeals of Kentucky

Decided May 19, 1909PublishedCited by 6 opinions

CASE 2. — ACTION BY MAMIE WHITMAN’S ADMINISTRATOR AGAINST THE LOUISVILLE RAILWAY COMPANY FOR CAUSING DEATH OF PLAINTIFF’S INTESTATE. — Appeal from Jefferson Circuit Court (Common Pleas Branch, Second Division). Judgment for defendant, plaintiff appeals. — POINTS A 1. Error of the court in withdrawing from the consideration of the jury the evidence that there was not a headlight on the car.

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CASE 2. — ACTION BY MAMIE WHITMAN’S ADMINISTRATOR AGAINST THE LOUISVILLE RAILWAY COMPANY FOR CAUSING DEATH OF PLAINTIFF’S INTESTATE. — Appeal from Jefferson Circuit Court (Common Pleas Branch, Second Division). Judgment for defendant, plaintiff appeals. — POINTS A 1. Error of the court in withdrawing from the consideration of the jury the evidence that there was not a headlight on the car. Nagle v. Brown, 37 Ohio St. 7; Thompson v. City of Highland, 187 111. 265; West Chicago' R. R. Co. v. Morris, Anams & Allen Co., 160 111. 288; King v. DeCoursey, 8 Colo. 463; Lewis v. Smith, 61 Am. Dec.…

1Opinion of the Court

*8Opinion op the Court by

Judge Hobson.

— Reversing.

Mamie Whitman, a little girl 12 years old, on the morning of November 22, 1906, was struck by a street ear of the Louisville Railway Company, and so injured that she died a day or so thereafter. She lived on the south side of Market street, between Eleventh and Twelfth streets, and was sent across the street by her mother to get some bread. She got the bread, and, as she was crossing the street on her way home, was struck by a car. There is a foot crossing over Market street between Eleventh and Twelfth streets not far from the center of the…

2Cases cited1 opinion

  1. Ford v. Providence Coal Co.Court of Appeals of Kentucky · 1907

3Cited by6 opinions

  1. Mullins v. Cincinnati, N. & C. Ry. Co.Court of Appeals of Kentucky (pre-1976) · 1934
  2. Brooks v. New Albany & L. Electric Ry. Corp.Court of Appeals of Kentucky (pre-1976) · 1939
  3. Louisville Railway Co. v. Sheehan's Admx.Court of Appeals of Kentucky · 1912
  4. Muskogee Electric Traction Co. v. TiceSupreme Court of Oklahoma · 1925
  5. Owensboro City Railway Co. v. TuckerCourt of Appeals of Kentucky · 1912

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