(Download) "Brock v. Turner Fuel Co." by Court Of Appeals Of Kentucky * Book PDF Kindle ePub Free
eBook details
- Title: Brock v. Turner Fuel Co.
- Author : Court Of Appeals Of Kentucky
- Release Date : January 25, 1944
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
THOMAS, Justice. On December 10, 1940, a four-year old child of appellant, Shelby Brock, whose name was Bobby Brock, was killed by a coal car of appellee colliding with him when he was near to or upon its tram road. Appellant was appointed and qualified as the administrator of his deceased infant son and as such filed this action against defendant in the Harlan Circuit Court to recover damages for his son's death which he alleged in his petition was due to defendant's negligence as charged therein. The petition was filed by R. S. Rose, one of plaintiff's counsel, and was endorsed by the clerk of the Harlan Circuit Court: 'Filed in my office, summons & 1 copy issued. Tax and $5.00 pd. Dec. 5, 1941.' The summons and copy issued by the clerk at the time was delivered to Attorney Rose, but no service was ever had on defendant until June 11, 1942, it then being a second or alias summons. In due time following that service defendant appeared and filed motion that plaintiff be required to file evidence of his appointment as administrator, and at the same time demurred to the petition. On August 26, 1942, defendant answered denying the material allegations of the petition, and in which it pleaded two affirmative defenses. Later it amended its answer by pleading the statute of limitations of one year within which such an action might be commenced which, under the provisions of section 2524 of Carroll's Kentucky Statutes (KRS 413.250), shall be deemed to be 'on the date of the first summons or process issued in good faith from the court having jurisdiction of the cause of action.' See also section 39 of the Civil Code of Practice.