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eBook details

• Title: Whitney v. Louisville & N. R. Co.
• Author : Supreme Court of Minnesota
• Release Date : January 14, 1944
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

STANLEY, Commissioner. A train of the appellee Railroad Company struck a truck belonging to the appellant, A. M. Whitney, doing business as Whitney Transfer Company, at Brandenburg, in November, 1936. We reversed a judgment rendered on a directed verdict for the defendant in an action by Whitney against the Railroad Company for the value of the truck. Whitney v. Louisville & N. Railroad Company, 282 Ky. 392, 138 S.W.2d 503. The Railroad Company made a compromise settlement of a claim by the administratrix of the estate of the driver of the truck for his death, under which it paid her $2,475 and agreed to pay $1,600 additional in the event she failed to recover for herself as widow and for her child the maximum of $4,000, plus $75 burial expenses, from his employer, Whitney, under the provisions of the Workmens Compensation Act, KRS 342.001 et seq. The Webster Circuit Court rendered judgment for the full amount of compensation against Whitney because there was no admission of liability by the Railroad Company for the death of the employee nor any judgment of that effect. We thought it should be assumed because of the settlement that there was legal liability on its part and that the award should be credited by the amount paid by the Railroad Company, $2,475, and reversed the judgment. Whitney Transfer Company v. McFarland, 283 Ky. 200, 138 S.W.2d 972.

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