Reversing. James M. Zanone sued Herbert Tashgian to recover the sum of $4,500, with interest thereon at the rate of 6 per cent. per annum from the dates various payments were made to him as a part of the consideration for real property, and for the further sum of $1,000, with interest, which, it was alleged, defendant had agreed to give plaintiff. The defendant denied the allegations of the petition, and in a second paragraph pleaded, that the payments were made monthly under a rental contract,...
Reversing. I.J. Zachem owned a house and lot in Ashland, and on May 18, 1923, he made a written contract with S. G. Adkins Son, by which he constituted them "for the period of five days from the date hereof, and until thereafter revoked by me in writing, my sole and exclusive agents to advertise and sell the property." The contract also contained these provisions: "I will accept the net price of $11,000, and protect the said agents in any price above that amount as their compensation, to be...
Affirming. The appellee, now Grace Venters, was the wife of Thomas Q. Penix. They owned jointly a house and lot at the mouth of Shelby creek, in Pike county. They were divorced, and thereafter the First National Bank of Pikeville obtained a judgment for $500 against Thomas Q. Penix. The sheriff levied on his half interest in the property, and sold it after it had been appraised for the sum of $1,500. The appellant, Young, purchased the property at the sale for less than two-thirds of its...
Affirming. This is a personal injury action. It was instituted by John Young against the Louisville Nashville Railway Company to recover damages for injuries inflicted upon plaintiff by a freight train. At the conclusion of the evidence for plaintiff, the trial court gave peremptory instruction to the jury to find for the defendant, and, failing to obtain a new trial, plaintiff has appealed. Appellant is past 80 years of age and lived near the railroad track. On the morning of the accident he...
Reversing. Jack Young prays an appeal from a judgment convicting him of the unlawful possession of intoxicating *Page 768 liquor. As a ground for reversal it is urged that the trial court erred in admitting incompetent evidence and that there was not competent evidence sufficient to take the case to the jury. The only witness was F.H. Winfrey, town marshal of Columbia. His testimony in substance was as follows: On the night of June 13, 1929, he was standing on the street near Moore's restaurant....
Reversing. On December 4, 1925, about 7:30 o'clock a. m., appellee, a boy then 13 years of age, was injured by coming in contact with a live electric wire, which was hanging *Page 246 some 4 1/2 or 5 feet from the ground, and which wire was one of a system of wires running from the power plant of appellant to its camp site and camp houses occupied by its employees on Yellow creek in Bell county. These wires crossed and overhung the school grounds of the public school of district No. 65 in Bell...
Reversing. While engaged in coupling cars at the tipple of the Wynn Coal Company, James Lindsey, an infant 14 years of age, was struck by a car and his arm broken. In this action for damages brought by him through his mother as next friend he recovered a verdict and judgment for $1,250. The coal company appeals. The first ground urged for a reversal is that the court erred in sustaining the demurrer to paragraph 2 of the answer. This paragraph pleaded, in substance, that plaintiff appeared to...
Affirming. Beverly L. Leigh sued Wright Taylor to recover damages for an unlawful arrest and was awarded a judgment in the sum of $500. A new trial was refused, and this appeal resulted. The grounds relied upon for a reversal are that the evidence was not sufficient to sustain the verdict, that the court refused to give an offered instruction, that competent evidence was excluded, and that the damages allowed were excessive. *Page 34 The appellant operates a large office building in Louisville,...
Affirming. The judgment entered by the chancellor was based upon a written contract of date May 27, 1926, signed by W.H. Wright by which he undertook to pay to the appellee, Mamie L. Simpson, the sum of $13,900, which the contract recited he was owing to her on the date of its execution. The suit was instituted by the appellant to foreclose a mortgage to secure a debt of appellee to appellant, and, after upholding the validity of the contract and adjusting the debts between the parties,...
Reversing. The petition of Mrs. Wooldridge having been dismissed, by the trial court, she has appealed. THE FACTS. On May 31, 1927, after a courtship of many years, and an engagement of five years, J.T. Wooldridge married Miss Eva Collier. On April 23, 1928, she awoke to find that her husband had abandoned her, had left the *Page 407 state, and he has since so remained. A survey of the situation showed that her husband had not only wrecked her home, but had apparently wrecked his estate. Before...
Reversing. Gorman Wood and Edgar Gilreath were indicted by the grand jury of McCreary county for the offense of confederating and banding themselves together for the purpose of disturbing and injuring Bill Meadors. On a separate trial Gorman Wood was found guilty, and his punishment fixed at one year's imprisonment. He appeals. The record discloses that Bill Meadors, M.B. Campbell, Will Kidd, and Jesse Walker were engaged in hauling and loading lumber at a point near Pine Knot. When they...
Reversing. Richard V. Wood was indicted, under sections 1376k1, 1376k2, Kentucky Statutes Supplement 1928, as a member of the firm of George T. Wood Sons, brokers in Louisville, Ky. It was charged that when the firm was insolvent he assented to receiving $3,000 on account of the purchase of certain stock in the Standard Oil Company. He demurred to the indictment; his demurrer was overruled. On the trial of the case he was found guilty and sentenced to 18 months' imprisonment. The precise...
Affirming. The appellant, George T. Wood, Jr., appeals from a judgment sentencing him to serve two years in the penitentiary for violating section 1358a of the Statutes, which provides punishment for "any person who shall . . . dispose of or convert to his or her own use or the use of another, any money, property, or other thing of value without the consent of the owners thereof." The indictment charges the appellant and his brother, Richard V. Wood, with conversion of a certain certificate for...
Affirming. On Sunday, September 11, 1927, Bill Middleton was slain. Nobe Woodard, Sampson Hensley, Paul Hensley, *Page 255 and Henry Scott were jointly charged by indictment with his murder. They were all tried together. Henry Scott and Paul Hensley were acquitted. Nobe Woodard and Sampson Hensley were found guilty of manslaughter, and their punishment fixed at confinement in the penitentiary for 10 years. To reverse the judgment entered upon that verdict, they have prosecuted this appeal....
Reversing. George Woodall and Coyett Earls were jointly indicted for the crime of housebreaking. Earls entered a plea of guilty, and was sentenced to serve two years in the penitentiary. Woodall was tried and convicted and his punishment fixed at two years' imprisonment. Upon this appeal it is insisted that the evidence is insufficient to sustain the verdict. The evidence is wholly circumstantial. A conviction on circumstantial evidence may be sustained, but the circumstances must be of such...
Affirming. The appellant was convicted in the Pendleton circuit court of the crime of seduction, and sentenced to the penitentiary for one year. To reverse the judgment against him, he urges, first, that the trial court should have sustained his motion for a peremptory instruction. A recital of the facts is not necessary. It is sufficient to say that the testimony of the prosecutrix shows a state of facts, which, if true, contains all the elements of the crime denounced by section 1214 of...
Affirming. On February 4, 1922, Frank Wittenauer recovered a judgment against Edward Kaelin for $400, with interest and costs. On December 23, 1926, an execution was issued and returned "No property found." In the month of August, 1926, Kaelin, while in the employ of the Louisville Nashville Railroad Company, received personal injuries for which he asserted a claim for damages against that company. On December 24, 1926, Wittenauer brought this action against Kaelin under section 439, Civil Code....
Affirming. The appellant instituted suit against the appellees, seeking to recover $1,266.90, which he alleged was unlawfully withheld from him by them, which money he had earned by selling newspapers on the streets in Louisville. The appellee Howard Stodghill was at the time of the trial business manager of the Courier Journal and the Louisville Times. At the time of the acts complained of, he was the circulation manager for these newspapers. The appellee John Darneal was the street...
Reversing. Tom Winkler was indicted in the Rockcastle circuit court for the murder of Milton Taylor. On the trial of the case he was found guilty of manslaughter and his punishment fixed at 21 years' imprisonment. He appeals. According to the proof for the commonwealth, Winkler and Chester Sowder were at an old house on the side of the Dixie Highway for the purpose of repairing it for Jones Fish, who had bought the land at a judicial sale and employed them to repair the house. While they were...
Affirming. In the Republican primary held in Bell county on August 3, 1929, Walter B. Smith, E.B. Wilson, J. Henry Taylor, and E.N. Ingram were candidates for the office of county attorney. Smith received 3,279 votes, Wilson 1,368 votes, Taylor 1,022 votes, and Ingram 808 votes. On August 6 the county board of election commissioners canvassed the returns and awarded Smith the certificate. Thereupon Wilson contested his nomination, on the ground that Smith had violated the Corrupt Practice Act....
