Legal Opinion

Tufts v. Chesapeake & Ohio Railway Co.

Court of Appeals of Kentucky

Decided March 25, 1966PublishedCited by 2 opinions

1Opinion of the Court

CLAY, Commissioner.

Plaintiff appellant brought suit in Jefferson County against the appellee carrier under the Federal Employers’ Liability Act for damages resulting from personal injuries. On motion, the trial court dismissed the action for improper venue.

Appellant is a resident of Greenup County and that is the place where he was injured in appellee’s yards. Appellee is a foreign corporation, and in compliance with KRS 271.385 it had designated Ash-land as the location of its resident office and named a process agent there.

Under KRS 452.455 appellant could have sued appellee in Greenup…

2Cases cited2 opinions

  1. James v. Nashville, C. & St. L. Ry.Court of Appeals of Kentucky (pre-1976) · 1949
  2. Chesapeake & O. Ry. Co. v. Glaspy's Adm'rCourt of Appeals of Kentucky (pre-1976) · 1933

3Cited by2 opinions

  1. H. Meyer Dairy Co. v. Midwestern Food Stores, Inc. (In Re Midwestern Food Stores, Inc.)United States Bankruptcy Court, S.D. Ohio · 1982
  2. National Cash Register Co. v. K. W. C., Inc.District Court, E.D. Kentucky · 1977

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