White v. Louisville & N.R. Co.
| Decision Date | 29 April 1893 |
| Citation | 22 S.W. 219 |
| Parties | WHITE v. LOUISVILLE & N. R. CO. |
| Court | Kentucky Court of Appeals |
Appeal from court of common pleas of Franklin county.
Not to be officially reported.
Action by the administrator of the estate of John White, Jr. against the Louisville & Nashville Railroad Company, to recover for the death of decedent. Defendant had judgment, by direction of the court, and plaintiff appeals. Affirmed.
Thomas H. Hines, and J. A. Scott, for appellant.
John W. Rodman, for appellee.
The appellant as administrator of John White, deceased, brought suit against the appellee, charging it with having killed his intestate by willful neglect, caused by running over him, from which he died immediately. The answer denied that the deceased was killed by the willful neglect, or any neglect, of the appellee. It also alleged that the deceased had no wife or child. The appellant did not deny this allegation, but amended his petition, relying on ordinary neglect. The answer also alleged that said White's death was caused by his contributory negligence. The facts alleged, if true, constitute a clear case of contributory negligence, and that the deceased came to his death thereby; and that the alleged facts are true is admitted by the failure to deny them, and which prevents a recovery by the appellant. Therefore the peremptory instruction to find for the appellee was correct.
The judgment is affirmed.
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