284 S.W.2d 98 (1955) Sylvester YUNKER'S CO-EXECUTORS (Central Trust Co. and Milton S. Yunker) et al., Appellants, v. A. G. MASON et al., Appellees. Court of Appeals of Kentucky. November 11, 1955. *99 Will Tom Wathen, Morganfield, for appellants. J. D. Ruark, Simpson & Ruark, Tom D. Harris, Morganfield, for appellees. CAMMACK, Judge. This is an appeal from a judgment which quieted the title of the appellees, as against the claim of the appellants, to oil and gas underlying 200 acres of land in...
280 S.W.2d 553 (1955) Margaret Elma YORK, Appellant, v. Gifford Thomas YORK, Appellee. Court of Appeals of Kentucky. June 17, 1955. *554 George R. Smith, Lexington, for appellant. No appearance for appellee. MOREMEN, Judge. This is an appeal from a judgment dismissing appellant Margaret York's complaint for divorce in which she had alleged that the appellee Gifford York had treated her in a cruel and inhuman manner. She also had requested custody of their only child who was then 12 years of age....
275 S.W.2d 906 (1955) Hazel Rowe WHITT et al., Appellants, v. Clay FARLEY et al., Appellees. Court of Appeals of Kentucky. February 25, 1955. *907 O. T. Hinton, Walter R. Young, Pikeville, for appellants. L. D. May, Pikeville, for appellees. STANLEY, Commissioner. The jury found for the defendant, James Farley, in consolidated actions of Mrs. Hazel Rowe Whitt and Fred Myers for damages for injuries sustained by them in the wrecking of an automobile. A like verdict was returned for his co-...
287 S.W.2d 625 (1955) Arthur WHITE, et al., Appellants, v. COMMONWEALTH of Kentucky, Dept. of Highways, ex rel. et al., Appellees. Court of Appeals of Kentucky. November 11, 1955. Rehearing Denied March 23, 1956. Lena M. Craig, J. A. Edge, Lexington, for appellants. T. W. Johnson, Frankfort, John R. Cooke, Jr., Lexington, for appellees. PER CURIAM. This is a motion for an appeal from a judgment of the Fayette Circuit Court dismissing the appeal Arthur White and wife, Gladys, attempted to...
274 S.W.2d 391 (1954) Ray WHITAKER et al., d/b/a Blue Motor Coach Lines, Appellant, v. LOUISVILLE TRANSIT COMPANY, the City of Louisville, and the Department of Motor Transportation, Commonwealth of Kentucky, Appellees. Court of Appeals of Kentucky. June 25, 1954. As Modified on Denial of Rehearing December 17, 1954. Further Modification January 10, 1955. *392 William A. Young, Harry McChesney, Jr., Robert H. Kinker, and Robert M. Pearce, Frankfort, for appellant. John E. Tarrant, Earl S....
275 S.W.2d 431 (1955) Thomas WATTS et al., Appellants, v. CARRS FORK COAL COMPANY, Appellee. Court of Appeals of Kentucky. February 4, 1955. Napier & Napier, C. W. Napier, Sr., C. W. Napier, Jr., Hazard, for appellants. Craft & Stanfill, Hazard, for appellee. WADDILL, Commissioner. The appellants, Thomas and Mary Watts, filed complaint against the appellee, Carrs Fork Coal Company, to recover damages in the sum of $3,500 for certain alleged acts of trespass committed upon their land by appellee....
282 S.W.2d 608 (1955) J. W. WARNICK et al., Appellants, v. Birdie Vaughan CHILDERS, Appellee. Court of Appeals of Kentucky. September 30, 1955. Chesley A. Lycan, John T. Diederich, Diederich & Lycan, Ashland, for appellants. Clyde L. Miller, Louisa, Kit C. Elswick, Lexington, for appellee. MOREMEN, Judge. By this action the appellants have contested the will of William Warnick on the grounds that he was unduly influenced in its execution and lacked mental capacity to make it. At the trial the...
283 S.W.2d 175 (1955) Kate W. VICTOR'S EXECUTOR (Webster Helm), et al., Appellants, v. Eugene O. MONSON, Appellee. Court of Appeals of Kentucky. October 14, 1955. *176 Webster Helm, George T. Muehlenkamp, Newport, J. Thaxter Sims, Cynthiana, for appellants. John P. Lair, Lloyd E. Rogers, Cynthiana, for appellee. STEWART, Chief Justice. This is an appeal from a judgment awarding appellee, Eugene Monson, $997.37 for necessities purported to have been furnished and $7,820 for services alleged to...
275 S.W.2d 917 (1955) UNITED STATES STEEL COMPANY, Appellant, v. Louis ISBELL et al., Appellees. Court of Appeals of Kentucky. February 25, 1955. James Sampson, Edward G. Hill, Harlan, Middleton, Seelbach, Wolford, Willis & Cochran, Louisville, for appellant. J. Leonard Davis, Harlan, for appellees. WADDILL, Commissioner. This is an appeal from a judgment approving an award of compensation to appellee, Louis Isbell. The United States Steel Company, appellee's employer, urges a reversal of the...
282 S.W.2d 624 (1955) Susie TURNER, Administratrix of the Estate of Eugene Turner, Appellant, v. Walter LEWIS and Bradley Baker, a Partnership, d/b/a Baker Coal Company, Appellee. Court of Appeals of Kentucky. September 30, 1955. W. M. Melton, Hazard, for appellant. A. E. Cornett, Hyden, for appellee. CAMMACK, Judge. The appellant, Mrs. Susie Turner, administratrix of the estate of her husband, Eugene Turner, instituted this action to recover $35,000 damages for his death which occurred while...
286 S.W.2d 87 (1955) H. H. TRIPLETT, et al., Appellants, v. Dewey NAPIER, Appellee. Court of Appeals of Kentucky. October 28, 1955. Rehearing Denied February 10, 1956. *88 Stites, Wood, Helm & Taylor, Lively M. Wilson, Louisville, for appellants. Robert Hubbard, E. P. Mengel, Louisville, for appellee. MONTGOMERY, Judge. Dewey Napier recovered judgment in the sum of $7,500 for injuries suffered to his back when he fell on the stairway in an apartment house owned by H. H. Triplett, Anna Triplett,...
283 S.W.2d 700 (1955) Ralph TINDALL, Administrator of the Estate of Frank E. Tindall et al., Appellants, v. John PERRY et al., Appellees. Court of Appeals of Kentucky. October 28, 1955. Harold Y. Saunders, Shelbyville, for appellants. James M. Graves, John G. Hicks, Woodward, Hobson & Fulton, Louisville, Kinsolving & Reasor, Bernard B. Davis, Shelbyville, for appellees. CLAY, Commissioner. In this negligence case, the single question involved is which of several defendants was the master of the...
280 S.W.2d 507 (1955) Lucy THURMAN et al., Appellants, v. Nick HUDSON, Appellee. Court of Appeals of Kentucky. June 17, 1955. John W. Coomes, J. Wirt Turner, Jr., New Castle, for appellants. Lewis D. Jones, New Castle, for appellee. CLAY, Commissioner. In this action to quiet title the legal effect of certain language in a deed is in question. In 1930, A. M. Hudson deeded property owned by him to appellee for life, then to the latter's wife for life, with remainder to the life tenants' children,...
280 S.W.2d 150 (1955) Gertrude TARTAR et al., Appellants, v. C. R. TUCKER et al., Appellees. Court of Appeals of Kentucky. May 27, 1955. John G. Prather, Somerset, for appellants. C. Homer Neikirk, Somerset, for appellees. HOGG, Judge. This controversy relates to a small body of land on three sides of a plot of land 56 *151 feet by 80 feet, the actual controversy being whether the appellees own the plot 56 feet by 80 feet, or whether the plot they own is approximately 82 feet by 102 feet. This...
278 S.W.2d 727 (1955) Carl Thomas STASEL, Appellant, v. COMMONWEALTH of Kentucky, Appellee. Court of Appeals of Kentucky. April 29, 1955. *728 Burlyn Pike, Shepherdsville, H. Solomon Horen, Louisville, H. H. Wilson, Munfordville, for appellant. J. D. Buckman, Jr., Atty. Gen., Zeb A. Stewart, Asst. Atty. Gen., Shelby M. Howard, Commonwealth's Atty., Hodgenville, for appellee. HOGG, Judge. The appellant was indicted, tried, and convicted of the crime of rape and was sentenced to serve a term of...
278 S.W.2d 721 (1955) Cecil R. STASEL, Appellant, v. AMERICAN RADIATOR & STANDARD SANITARY CORPORATION, Appellee. Court of Appeals of Kentucky. April 29, 1955. *722 George B. Ryan, Louisville, for appellant. Thomas C. Carroll, S. L. Greenebaum, Greenebaum, Barnett & Carroll, Louisville, for appellee. WADDILL, Commissioner. The question presented on this appeal is whether an employee is entitled to benefits under our Workmen's Compensation Act, KRS 342.001 et seq., for injuries received in the...
282 S.W.2d 851 (1955) Imon G. SPENCER et al., Appellants, v. William T. WOODS et al., Appellees. Court of Appeals of Kentucky. October 7, 1955. D. E. Wooldridge, La Grange, for appellants. James A. Hall, La Grange, for appellees. CAMMACK, Judge. This case is before us on a motion for an appeal from a judgment on the pleadings *852 in favor of William T. Woods, (defendant below), and from the dismissal of Imon G. Spencer's, (plaintiff below), amended complaint for failure to state a claim...
276 S.W.2d 658 (1955) Karl R. SNOOK, Jr., for himself and for and on behalf of all other employee-claimants of International Harvester Company, similarly situated, Appellants, v. INTERNATIONAL HARVESTER COMPANY, Kentucky Unemployment Insurance Commission, et al., Appellees. Court of Appeals of Kentucky. March 18, 1955. *659 Lynville G. Miles, Indianapolis, for appellants. Ogden, Galphin & Abell, William Abell, Louisville, G. B. Johnson, Christopher Frishe, Frankfort, for appellees. CLAY,...
282 S.W.2d 346 (1955) Ruby C. SMITH, Appellant, v. W. A. WEBBER et al., Partners, d/b/a Webber Sausage Co., Appellees. Court of Appeals of Kentucky. September 23, 1955. *347 H. R. Wilhoit, Grayson, for appellant. T. D. Theobald, Jr., Grayson, for appellees. STANLEY, Commissioner. In this action and counterclaim for damages resulting from a collision of trucks, the evidence as to the negligence of the respective drivers was conflicting. The plaintiffs, who are now the appellees, W. A. Webber, et...
280 S.W.2d 495 (1955) F. O. SMITH and Thelma L. Smith, husband and wife, Appellants, v. Ernest GADD and Mary E. Gadd, husband and wife, Appellees. Court of Appeals of Kentucky. June 24, 1955. *496 Russell N. Victor, Erlanger, for appellants. A. D. Yelton, Burlington, for appellees. CLAY, Commissioner. This controversy presents the question of what constitutes an "appearance" in a civil action within the meaning of CR 55.01. The plaintiffs were granted a default judgment against the defendants...
