Legal Opinion

McFarland's Admr. v. L. & N. R. R.

Court of Appeals of Kentucky

Decided October 30, 1908PublishedCited by 13 opinions

CASE 22. — PERSONAL INJURY ACTION BY GILLIS MCFARLAND’S ADMR. AGAINST THE LOUISVILLE & NASHVILLE R. R. CO. — Appeal from Whitley Circuit Court. M. J. Moss, Circuit Judge.

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CASE 22. — PERSONAL INJURY ACTION BY GILLIS MCFARLAND’S ADMR. AGAINST THE LOUISVILLE & NASHVILLE R. R. CO. — Appeal from Whitley Circuit Court. M. J. Moss, Circuit Judge. Judgment of dismissal; plaintiff appeals. — 1. It is alleged and by the demurrer admitted lhat the appellee had noth e that there was a surviving wife and that the woman Isabella was was not such surviving wife before the settlement with said Isabella. 2. The law has never to our knowledge put a premium on concubinage nor has any modern- court at least upheld such a construcción of any law as would make the law itself…

1Opinion of the Court

Opinion of the Court by

Wm. Rogers Clay, Commissioner —

Affirming.

This is an action by W. W. McFarland, as administrator of Gillis McFarland, deceased, for damages for personal injuries resulting in the death of the latter.

Among the other defenses the appellee, Louisville & Nashville Railroad Company, pleaded that at the time of his death the decedent, Gillis McFarland, was a resident of Whitley county, Ky., and died domiciled *175therein; that thereafter, on the 15th day of August, 1904, the Whitley county court, at a term that day duly held, appointed Isabella McFarland administratrix of the…

2Cases cited3 opinions

  1. McLemore v. Sebree Coal & Mining Co.Court of Appeals of Kentucky · 1905
  2. Buckner's Adm'rs v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1905
  3. People ex rel. Hungate v. ColeIllinois Supreme Court · 1876

3Cited by13 opinions

  1. City of Louisville v. Hart's Admr.Court of Appeals of Kentucky · 1911
  2. Daly v. RizzuttoWashington Supreme Court · 1910
  3. Leach v. Owensboro City Ry Co.Court of Appeals of Kentucky · 1910
  4. Louisville N. R. Co. v. TurnerCourt of Appeals of Kentucky (pre-1976) · 1942
  5. Jackson's Admr. v. Asher Coal Co.Court of Appeals of Kentucky · 1913

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