Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 107

Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 107

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1902 edition. Excerpt: ...the ruling on demurrer as-error is universally recognized by appellate courts. Elliott on Appellate Procedure, sec. 683; 1 Ency. of Pl. & Pr., 624; Ball v. C. & O. Ry. Co. (Va.), 32 L. R. A., 792; State v. Jackson, 142 Ind., 2-5.9; s. c. 41 N. E., 53.4; Dorsett v. Greencastl-e (Ind.), 40 N. E., 131; Lane v. Burlington, &c., R. Co., 5'2 Iowa, 18; Herman v. Glann (Mo.), 31 S. W., 589; Sylvester v. Gratz, 18 Col, 44; s. c. 31 P=ac. Rep., 387; Bell v. W-andby (Wash.), 31 Pac. Rep., 18. When a petition is amended the amendmenlt and originial are one pleading. The court then acts not merely on the amendment, but upon the petition as amended, land the original petition can not thereafter be considered separately for any purpose. The original petition does not allege that rubbish lef-t on the t-rack was the cause of the death of pl/aintiff's int-estate, and it is manifest that that was the ground upon which-the demurrer to that pleading was sustained. JUDGE WHITE DELIVERED THE OPINION or THE COURT. This is an action for damages for causing the death of Edward B. Linck, brought in the Todd Circuit Court. The original petition was in two paragraphs, and alleged that decedent was killed by being run over by cars backed by the engine; that at the time decedent was the conductor of that train, but, on account of 'the temporary absence of a' brakeman was acting for and in the place of the brakeman in making the coupling. The alleged negligence was (1) that of the engineer, in backipg the engine with great' and unnecessary violence, so that the coupling link broke, and decedent was knocked down and run over by the backing train and killed; (2) that the servants of appellee having charge of the tracks at the station, more

Product details

  • Paperback | 222 pages
  • 189 x 246 x 12mm | 404g
  • United States
  • English
  • black & white illustrations
  • 1236905296
  • 9781236905291