CARTER v. SOUTHERN RAILWAY COMPANY


502 S.W.2d 658 (1973)

Nolan CARTER, Jr., Ancillary Administrator of the Estate of William P. Debruhl, Appellant, v. SOUTHERN RAILWAY COMPANY, a Virginia corporation et al., Appellees.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing December 7, 1973.


Attorney(s) appearing for the Case

Joseph L. Arnold, Allen, Duncan & Arnold, Lexington, for appellant.

Rufus Lisle, Harbison, Kessinger, Lisle & Bush, Lexington, for appellees.


PALMORE, Chief Justice.

This wrongful death action, filed within one year of the decedent's death, was dismissed by summary judgment entered more than a year after his death upon the ground that the order appointing the appellant as administrator had not been signed in the county court order book and the bar of limitations had intervened.

The death occurred on October 28, 1969. Suit was filed on September 29, 1969, alleging plaintiff's appointment as administrator...

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