Harper, &C., v. Newport News and Mississippi Valley Company
| Court | Court of Appeals of Kentucky |
| Writing for the Court | Lewis |
| Citation | 90 Ky. 359 |
| Decision Date | 09 September 1890 |
| Parties | Harper, &c., v. Newport News and Mississippi Valley Company. |
v.
Newport News and Mississippi Valley Company.
Page 360
GILBERT & REED FOR APPELLANT.
QUIGLEY & QUIGLEY FOR APPELLEES.
JUDGE LEWIS DELIVERED THE OPINION OF THE COURT.
Appellant instituted this action in the McCracken Common Pleas Court against appellees to recover damages for personal injury done in Graves county by a locomotive engine running over him through negligence of those in charge of it.
It is stated in the petition that the railroad, on the track of which appellant was at time of the injury, was owned by the Chesapeake and Ohio and Southwestern Railroad Company, but was then controlled and operated exclusively by the Newport News and Mississippi Valley Railroad Company, a carrier of freight and passengers, and those in charge of said locomotive were employes of that company.
The summons was issued against both defendants, and returned by the sheriff of McCracken county executed on the Newport News and Mississippi Valley Company by delivering to J. W. Briggs a true copy of the summons, he, as stated, being the chief officer of the company in that county; and executed on the Chesapeake, Ohio and Southwestern Company by delivering to John Echols a true copy, he, as stated, being chief officer of that company.
The Chesapeake, Ohio and Southwestern Railroad Company filed a general demurrer to the petition,
Page 361
which was sustained, and, we think, properly done, because, though it is alleged to be the owner, the Newport News and Mississippi Valley Company, having the exclusive control and management of the road, and the locomotive by which the injury was done being at the time operated by its employes, is alone answerable in damages to the plaintiff.
The latter company filed a plea to the jurisdiction of the court for the following causes: 1. That the plaintiff resides, and the alleged injury was done, in Graves county; 2. That the chief office, residence and place of business of defendant is in Jefferson county; 3. That John Echols, being its vice-president and chief officer and agent in Kentucky, is in that county.
The general demurrer to that plea having been overruled, and the plaintiff declining to further plead, judgment was rendered dismissing the action for want of jurisdiction, and therefrom this appeal is prosecuted.
The precise question of jurisdiction now before us was made and decided in the...
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McCabe's Adm'x v. Maysville & B.S.R. Co.
...for their abuse, without regard to the financial ability of the lessee or his amenability to suit. In Harper v. Railroad Co., 90 Ky. 359, 14 S.W. 346, the question was not elaborated, and it is apparent from the opinion that only the question of jurisdiction was really considered by the cou......
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Collier v. Great Northern Ry. Co.
...61 F. 605, 9 C. C. A. 666, 24 L. R. A. 693; Miller v. Railway Company, 76 Iowa, 655, 39 N.W. 188, 14 Am. St. Rep. 258; Harper v. Railway, 90 Ky. 359, 14 S.W. 346; Atwood v. Railroad Company (C. C.) 72 F. 447; Railway Company v. Gaughan (Ind. App.) 58 N.E. 1072; Derrenbacher v. Railway Compa......
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Kirk v. Williamson &. Pond Creek R. Co, (No. 5230.)
...States. Thomas v. West Jersey R. Co., 101 U. S. 71, 25 L. Ed. 950. The case of Harper v. Newport News & Mississippi Valley R. Co., 90 Ky. 359, 14 S. W. 346, decided in September, 1890, cited and relied on by defendant's counsel, in so far as it is opposed to the proposition affirmed in ......
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Kirk v. Williamson, (No. 5230)
...Thomas v. West Jersey Railroad Co., 101 U. S. 71, 25 Law Ed. 950. The case of Harper v. Newport News & Mississippi Valley Company, 90 Ky. 359, decided in September, 1890, cited and relied on by defendant's counsel, in so far as it is opposed to the proposition affirmed in McCabe's Adm'x......
-
McCabe's Adm'x v. Maysville & B.S.R. Co.
...for their abuse, without regard to the financial ability of the lessee or his amenability to suit. In Harper v. Railroad Co., 90 Ky. 359, 14 S.W. 346, the question was not elaborated, and it is apparent from the opinion that only the question of jurisdiction was really considered by the cou......
-
Collier v. Great Northern Ry. Co.
...61 F. 605, 9 C. C. A. 666, 24 L. R. A. 693; Miller v. Railway Company, 76 Iowa, 655, 39 N.W. 188, 14 Am. St. Rep. 258; Harper v. Railway, 90 Ky. 359, 14 S.W. 346; Atwood v. Railroad Company (C. C.) 72 F. 447; Railway Company v. Gaughan (Ind. App.) 58 N.E. 1072; Derrenbacher v. Railway Compa......
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Kirk v. Williamson &. Pond Creek R. Co, (No. 5230.)
...States. Thomas v. West Jersey R. Co., 101 U. S. 71, 25 L. Ed. 950. The case of Harper v. Newport News & Mississippi Valley R. Co., 90 Ky. 359, 14 S. W. 346, decided in September, 1890, cited and relied on by defendant's counsel, in so far as it is opposed to the proposition affirmed in ......
-
Kirk v. Williamson, (No. 5230)
...Thomas v. West Jersey Railroad Co., 101 U. S. 71, 25 Law Ed. 950. The case of Harper v. Newport News & Mississippi Valley Company, 90 Ky. 359, decided in September, 1890, cited and relied on by defendant's counsel, in so far as it is opposed to the proposition affirmed in McCabe's Adm'x......