Wilson's Adm'r v. Illinois Cent. R. Co.

Decision Date19 April 1906
Citation92 S.W. 572
PartiesWILSON'S ADM'R v. ILLINOIS CENT. R. CO.
CourtKentucky Court of Appeals

Appeal from Circuit Court, McCracken County.

"Not to be officially reported."

Action by J. H. Wilson's administrator against the Illinois Central Railroad Company. From a judgment of dismissal, plaintiff appeals. Affirmed.

Hendrick & Miller, for appellant.

Wheeler, Hughes & Berry, J. M. Dickinson, and Trabue, Doolan & Cox, for appellee.

BARKER, J.

This action is for the recovery of damages for personal injury received by the decedent, J. H. Wilson, in a railroad collision. Among other things, the defendant railroad company pleaded the one-year statute of limitation. The petition shows that Wilson was hurt, and died on the 6th day of February, 1901. The appellant was appointed and qualified as the administrator of his estate, as shown by the order of the county court filed with the petition as an exhibit, on the 6th day of February, 1902, and the record shows that the action was instituted on the day of the appointment of the personal representative. More than a year had expired between the day of Wilson's death and the qualification of his administrator and the institution of the action. The cause of action set up in the petition was barred by the statute. Carden v. Louisville & Nashville R. R. Co., 101 Ky. 113, 39 S.W. 1027; Chesapeake & Ohio Ry. Co. v. Kelley's Adm'r, 48 S.W. 993, 20 Ky. Law Rep. 1238; Louisville & Nashville R. R. Co. v. Brantley's Adm'r, 106 Ky. 849, 51 S.W. 585; section 2516, Ky. St. 1903.

The judgment dismissing the petition must be affirmed, and it is so ordered.

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