Payne v. Elkin

Payne, Agent, etc. v. Elkin

Payne v. Elkin, 259 S.W. 349 (Ky. Ct. App. 1924)

Court: Court of Appeals of Kentucky · State Appellate Courts
Decided: February 26, 1924
Judges: Clay, Whole
Citations: 259 S.W. 349202 Ky. 2851924 Ky. LEXIS 698

Cited by 5

Opinion of the Court — Clay

Text extracted by OCR from a scanned original; check the original for exact wording.

Opinion op the Court by Judge Clay

Reversing.

This and Payne, Agent, etc. v. Barnette’s Adm’r, 196 Ky. 489 , 244 S. W. 896 , are companion cases, appellee being the owner and driver of the machine in which he and Barnette were riding, and being injured at the same time, and by the same train that struck and killed Barnette.

For the reasons stated in that opinion, the judgment is reversed and cause remanded for a new trial consistent therewith.

Whole court sitting.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 5 cases

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State Highest Courts5

Relies on it most ⓘ

Louisville & Nashville Railroad v. Crockett's Administratrix24 S.W.2d 580 (Ky. Ct. App. 1930)
Illinois Central Railroad v. McGuire's Administrator38 S.W.2d 913 (Ky. Ct. App. 1931)
Chesapeake & Ohio Railway Co. v. Warnock's Administratrix23 S.W.2d 558 (Ky. Ct. App. 1930)
Kelsch's Guardian v. Chesapeake & O. Ry. Co.64 S.W.2d 886 (Ky. Ct. App. 1933)
Louisville & Nashville Railroad v. Jameson's Administratrix283 S.W. 1026 (Ky. Ct. App. 1926)

Most recent

Kelsch's Guardian v. Chesapeake & O. Ry. Co.64 S.W.2d 886 (Ky. Ct. App. 1933)
Illinois Central Railroad v. McGuire's Administrator38 S.W.2d 913 (Ky. Ct. App. 1931)
Louisville & Nashville Railroad v. Crockett's Administratrix24 S.W.2d 580 (Ky. Ct. App. 1930)
Chesapeake & Ohio Railway Co. v. Warnock's Administratrix23 S.W.2d 558 (Ky. Ct. App. 1930)
Louisville & Nashville Railroad v. Jameson's Administratrix283 S.W. 1026 (Ky. Ct. App. 1926)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

Depth	Case	Cited by
	Payne v. Barnette's Adm'r, 244 S.W. 896 (Ky. Ct. App. 1922)	15

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