L. & N.R. Co. v. Noble's Administratrix

CourtUnited States State Supreme Court (Kentucky)
Writing for the CourtDrury, Commissioner
Citation234 Ky. 504
Decision Date16 May 1930
PartiesLouisville & Nashville Railroad Company v. Noble's Administratrix.
234 Ky. 504
Louisville & Nashville Railroad Company
v.
Noble's Administratrix.
Court of Appeals of Kentucky.
Decided May 16, 1930.

1. Commerce. — Brakeman working on train, nearly all cars of which were going outside state, was engaged in "interstate commerce," though particular engine and crew would not take them outside state (Federal Employers' Liability Act [45 USCA secs. 51-59]).

2. Death. — Word "dependent" in federal act, classifiying beneficiaries of deceased employees, refers only to next kin (Federal Employers' Liability Act [45 USCA secs. 51-59]).

Federal Employers' Liability Act (45 USCA secs. 51-59) imposes liability on interstate carriers for wrongful death of their employees for the benefit of the surviving spouse and children, "and, if none, then of such employee's parents; and, if none, then of the next of kin dependent upon such employee."

3. Election of Remedies. — Deceased employee's mother, erroneously electing to proceed under state compensation status, may withdraw election and conform pleadings to federal act by showing whether deceased left widow or children, and, if not, whether his

Page 505

father is alive (Federal Employers' Liability Act [45 USCA secs. 51-59]).

4. Commerce. — State laws were superseded by Federal Employers' Liability Act so far as covering same field (Federal Employers' Liability Act [45 USCA secs. 51-59]).

5. Courts. — Measure of damages approved by federal Supreme Court should be given jury in action under federal statute for employee's death (Federal Employers' Liability Act [45 USCA secs. 51-59]).

Appeal from Perry Circuit Court.

ASHBY M. WARREN, H.T. LIVELY, J.P. HAMILTON, JESSE MORGAN and C.S. LANDRUM for appellant.

C.A. NOBLE and J.T. BOWLING for appellee.

OPINION OF THE COURT BY DRURY, COMMISSIONER.


Reversing.

The Louisville & Nashville Railroad Company has appealed from a judgment for $10,000 recovered against it by the administratrix of Farish Noble for the alleged negligent killing of her intestate.

Farish Noble was employed by the Louisville & Nashville as a brakeman, and in the early morning of November 17, 1927, was head brakeman on a Louisville & Nashville train known as "1453 work extra," which was operating on a branch road extending up First creek. The crew was composed of Conductor Holliday, Flagman Bently, Brakemen Noble and Jennings, and an engineer and fireman.

On this branch road they had gathered up 41 cars of coal, 2 of which were destined for a point in Kentucky and 39 for points without the state. The morning was dark and foggy and it was raining. The fatal accident occurred about 4:45 a.m., and Noble was instantly killed. The circumstances are these: This crew had instructions when they reached Typo, the point of junction with the main line, to call the dispatcher and get orders for disposition of this coal. When they got there Jennings did so, and was directed to place the cars having steel underframes upon storage track No. 1 at the Crawford yards and those with wooden underframes upon storage track No. 3.

The crew then proceeded with this train until they reached the Crawford yards, the caboose was uncoupled, and Bently was sent back north to protect the caboose from any train that might be following them.

Page 506

The conductor was making up his report for the yardmaster. These brakemen and the engine crew all riding together on the engine proceeded to the south end of the Crawford yards. There the brakemen got off of the engine; the engine crew went on south with the train...

To continue reading

Request your trial
1 practice notes
  • Louisville & N.R. Co. v. Noble's Adm'x
    • United States
    • Court of Appeals of Kentucky
    • November 22, 1932
    ...statute and an amendment of the pleadings to conform to the federal act. All other questions were reserved. L. & N. v. Noble's Adm'x, 234 Ky. 504, 28 S.W.2d 733. Upon a retrial, judgment for $8,000 was rendered, from which this appeal is prosecuted. It seems well to restate the facts in par......
1 cases
  • Louisville & N.R. Co. v. Noble's Adm'x
    • United States
    • Court of Appeals of Kentucky
    • November 22, 1932
    ...statute and an amendment of the pleadings to conform to the federal act. All other questions were reserved. L. & N. v. Noble's Adm'x, 234 Ky. 504, 28 S.W.2d 733. Upon a retrial, judgment for $8,000 was rendered, from which this appeal is prosecuted. It seems well to restate the facts in par......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT