Legal Opinion

Onions v. Covington & Cincinnati El. R. R. & Transfer & Bridge Co.

Court of Appeals of Kentucky

Decided October 24, 1899PublishedCited by 10 opinions

Case 29 — ACTION FOR DAMAGES BY OPERATING TRAINS APPEAL FROM KENTON CIRCUIT COURT. 1. Liability of Lessors. — Stickley v. C. & O. Ry. Co., 14 Ky. Law • Rep., 417. 2. Limitation. — L. & N. R. R. Co. v. Orr, 12 Ky. Law Rep., 576; Civil Code 1851, sec. 49; 'Myers’ Ky. Code, sec. 49; Civil Code, 1876, sec. 34; Ky. Stats., sec. 2525; Burks v. Carey, 7 Ky. Law Rep., 445; Bankston v. Crabtree Coal Min. Co., 16 Ky.

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Case 29 — ACTION FOR DAMAGES BY OPERATING TRAINS APPEAL FROM KENTON CIRCUIT COURT. 1. Liability of Lessors. — Stickley v. C. & O. Ry. Co., 14 Ky. Law • Rep., 417. 2. Limitation. — L. & N. R. R. Co. v. Orr, 12 Ky. Law Rep., 576; Civil Code 1851, sec. 49; 'Myers’ Ky. Code, sec. 49; Civil Code, 1876, sec. 34; Ky. Stats., sec. 2525; Burks v. Carey, 7 Ky. Law Rep., 445; Bankston v. Crabtree Coal Min. Co., 16 Ky. Law Rep., 15; O’Dell v. Little, 82 Ky., 146; McDowell v. Landrum, 10 Ky. Law Rep., 641. The cause of action was barred by limitation. Mrs. Onions having a right under the Code to institute…

1Opinion of the Court

'JUDGE HOBSON

delivered the opinion oe the court.

Appellant filed this action to recover of appellees damages alleged to be sustained by her from the operation of railroad trains on Fourth street in Covington, Kentucky, in front of her property. The defendants pleaded limitation of five years. To this she replied that she was a married woman when the railroad track was located on the street, and that her coverture continued up to December 19, 1891, when her husband died. The suit was filed on April 23, 1896. The railroad was located in the street in August, 1889, and, as has often been held by…

2Cases cited7 opinions

  1. Bransom v. ThompsonCourt of Appeals of Kentucky · 1883
  2. Nall v. MillerCourt of Appeals of Kentucky · 1894
  3. Bankston v. Crabtree Coal Mining Co.Court of Appeals of Kentucky · 1894
  4. O'Dell v. LittleCourt of Appeals of Kentucky · 1884
  5. McDanell v. LandrumCourt of Appeals of Kentucky · 1888

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3Cited by10 opinions

  1. Sterrett v. Northport Mining & Smelting Co.Washington Supreme Court · 1902
  2. Ferguson v. Covington & C. El. Railroad & Transfer & Bridge Co.Court of Appeals of Kentucky · 1900
  3. Henson v. CulpCourt of Appeals of Kentucky · 1914
  4. City of Ludlow v. GorthCourt of Appeals of Kentucky (pre-1976) · 1926
  5. Duvall v. ParepointCourt of Appeals of Kentucky · 1916

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