Affirming. The appellants Mrs. Nora Young and Mrs. Phura Wood are the owners of a tract of land in Livingston county, Ky. Appellee's line of railroad runs through their land. Many years ago the natural drainage from about six acres of appellants' bottom land on Cumberland river was down the river parallel with the river. The appellee constructed a fill across the land now owned by appellants about 33 years ago, and the embankment thus raised stopped the natural flow of water down the river and...
Reversing. Appellant was convicted in the criminal division of the Jefferson circuit court of the crime of storehouse breaking, and sentenced to one year's confinement in the state penitentiary. The appeal is from that judgment. Ivan Estes was operating a pool room and soft drink stand at 4441 Louisville avenue, in the city of Louisville. On the night of March 23, 1926, he closed his place of business at 11 o'clock, and later that night it was broken and entered, and 4 cartons of Camel...
Reversing. The appellee John G. Amis was a policeman of the city of Louisville during the year 1926, and his coappellee, the Fidelity Deposit Company of Maryland, was surety on his bond. The appellant, Herbert Young, who was the plaintiff below, brought this action against Amis and his surety; it being alleged in the petition that on March 24, 1926, in Louisville, Ky., while the defendant Amis was acting in his official capacity as a police officer, and, while acting within the scope of his...
Reversing. Catherine Adkins, whom we will refer to as the plaintiff, obtained a judgment for $2,500 against the Yellow Poplar Lumber Company and Paris Charles. The lumber company has appealed. On June 12, 1922, the lumber company made a contract with Paris Charles to cut timber for it. By the terms of this contract, Charles was to have the use of certain machinery, rails, etc., belonging to the lumber company, was to build his own tramroads over which to haul the timber, and was to be paid $17...
Reversing. The appellant was convicted of the offense of having liquor in his possession, and, it being claimed to be his third offense, he was given six years in the penitentiary. From this judgment he has appealed. The facts are these: A number of peace officers of Estill county, among whom were the sheriff and a deputy sheriff of that county, were out on a raid. On their way back to Irvine, Ky., as they came down one side of a hill, they heard some loud conversation coming from the other...
Reversing. This appeal is from a judgment of the Christian circuit court, rendered in a declaratory judgment proceeding, instituted for the purpose of obtaining a construction *Page 336 of the will of John W. Yancy. More particularly the question presented by the appeal is, what estate — whether the fee or an estate for life — did Gabe A. Payne take in that portion of testator's estate devised to him by the tenth or residuary clause of testator's will. It was adjudged by the chancellor that he...
Affirming. On the 17th day of March, 1926, the appellant and plaintiff below, M.M. Wyatt, was walking on the sidewalk *Page 294 on the east side of Second street, in the city of Henderson, and as he stepped off of it on to Elm Street he slipped and fell and sustained injuries, to recover damages for which he filed this action in the Henderson circuit court against appellee and defendant below, the city of Henderson. He alleged in his petition as amended, in substance, that the accident occurred...
Affirming. In the fall of 1925 the sheriff of Perry county had in his hands some 18 or 20 executions in favor of that many parties, and for different amounts, against J.C. Whitaker. Three of the executions were on replevin bonds, and the remaining ones on judgments. The executions were all levied by the sheriff upon a stock of goods and the fixtures in a store operated by J.C. Whitaker, but there is nothing in the record disclosing any priority in the levying of the several executions. Their...
Reversing. By undisputedly valid steps and proceedings the legislative department of the city of Lexington ordered the improvement of South Ashland avenue, which runs north and south connecting Euclid and Alford avenues, both of which run east and west. At the letting W.T. Congleton Co. (to whom we shall hereafter refer as plaintiffs) secured the contract for the specified improvement, all of which was ordered at the expense of the abutting property owners. After the improvement was finished...
Reversing. Appellee, C.F. Wilkins, was awarded compensation in a proceeding before the Compensation Board of Kentucky, upon the finding that he was injured while the employee of appellants., R.B. Wright and B.M. Webb, and in the course of his employment. They prosecuted an appeal from the award of the board to the Letcher circuit court, where the award was affirmed. They prosecute this appeal from that judgment of the Letcher circuit court. Appellants' assigned reason for reversing the judgment...
Affirming. Appellant was convicted of manslaughter, and his punishment fixed at four years in the state reformatory. He urges three grounds for reversal: (1) The verdict is not supported by the evidence. (2) The court sustained objections to competent testimony offered by appellant. (3) The court over his objections allowed evidence in chief to be introduced as rebuttal testimony. Appellant appears to be of the opinion that the evidence was not sufficient to uphold the verdict of the jury...
Affirming. This action was instituted for J.M. Worley, who was 17 years of age at the time of the injury complained of. *Page 683 He was employed by the appellant as a laborer in the construction of a Baptist Church in Williamsburg. The appellee was directed by some one superior in authority to him to go under some timbers on a scaffold in the basement of the building, and to knock out some supports or props which were holding up other heavy timbers. These props rested on a plank, and the...
Affirming The appellant shot and killed John H. Cecil. Prior to the killing both worked in the mines of Stearns Coal Lumber Company, and lived at Co-operative, a mining camp. The killing took place in the evening, after darkness had fallen. There had been no trouble between them until the morning of the day on which Cecil was killed. Both had children, and it was reported to appellant that his son and the son of Cecil bad engaged in a fight, and that Cecil had encouraged the fight rather than...
Reversing. R.S. Wooten, a widower, died testate in December, 1920, survived by an only daughter, Esther, then 16 years of age, and leaving an estate valued at about $60,000; he also carried $11,000 insurance on his life in which Esther was the beneficiary. His will, in his own handwriting, *Page 340 dated October 5, 1920, was duly probated in the Christian county court, the county of his residence. The will, to be more elaborately treated hereafter, provided for the sale of his property, the...
Reversing. On the night of July 17, 1926, the appellant, Walter C. Woolum, started from his home in Coxton, Harlan county, Ky., in his automobile to Wilsonberger. Coxton is about 6 or 8 miles from the city of Harlan, and Wilsonberger is about the same distance from Harlan in the opposite direction. To go from Coxton to Wilsonberger it is necessary to pass through Harlan. Sam Duff was in the automobile with Woolum and they were going to Wilsonberger to see Duff's brother, who had been seriously...
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 568 Affirming. This is an action by the town of Lewisport, a city of the sixth class, to recover possession of a portion of Front or Main street lying in front of lots 1 and 2 in the town of Lewisport, and a strip of ground lying between Front or Main street and the Ohio river. A demurrer was sustained to the original and amended answer, and, the defendant...
Reversing. The appellant, Gorman Wood, with his brother, Claude, went roaming about in McCreary county apparently looking for liquor and trouble, and they came in contact with Walter Stephens and his uncle, Tom Stephens, who were probably engaged in the same pursuit at the time. The Wood boys had been to Isom, Tenn., during the day, and there had been a casual meeting between the principal actors during the day, but there was no difficulty, and there had been no hard feelings at any time...
Affirming. Flossie Woods and Rex Blair were candidates for school trustee in district No. 72 in Johnson county at the school election held on May 7, 1927. Blair received 24 votes. Mrs. Woods received 22 votes. She filed her petition against Rex Blair contesting the election, alleging that John Selvage, George Selvage, Loucilia and Virgie Selvage were legal voters in the district, but the officers of the election wrongfully and without right refused to allow them to vote, and that if they had...
Affirming. Mary Virginia Wood, a little girl twenty-one months old, was struck and killed by a passing freight train of the Illinois Central Railroad Company. This action was brought to recover for her death by her father, Walter A. Wood, as her administrator. The jury returned a verdict for the defendant. The plaintiff's petition having been dismissed he appeals. *Page 740 The facts are these: Walter A. Wood and his family lived in the country. The house fronted on the county road. The yard...
Affirming. The appellant was convicted of the offense of false swearing, and he has appealed. The sole ground urged for reversal is that he was entitled to a peremptory instruction because the evidence failed to establish his guilt. The commonwealth proved by S.H. Bungardner, an officer of Pike county, that he was present at the term of court preceding the one at which appellant was being tried for this offense of false swearing; that at this preceding term appellant was tried for having...
