351 S.W.2d 502 (1961) Don C. YOUNG, Administrator of the Estate of Peggy Marlene Young, Deceased, and Don C. Young, Individually, Appellants, v. J. W. DE BORD and Evelyn DeBord, d/b/a J. W. De Bord Coal Yard, and Dewey Hughes, Appellees. Court of Appeals of Kentucky. November 22, 1961. Lewis & Weaver, William J. Weaver, London, John C. Prather, Viley O. Blackburn, Somerset, for appellants. Fritz Krueger, C. H. Neikirk, Somerset, for appellees. STEWART, Judge. In the late afternoon of October 16,...
345 S.W.2d 644 (1960) Ophie Mae WORKMAN, Admr'x, et al., Appellants, v. Vincent J. HARGADON, Adm'r, et al., Appellees. Court of Appeals of Kentucky. December 2, 1960. As Modified on Denial of Rehearing April 28, 1961. *646 Stanley A. Stratford, Louisville, for appellants. William Mellor, Louisville, for appellees. STANLEY, Commissioner. Robert E. Diale and his wife, Essie Pearl Diale, were killed in an automobile accident near Zanesville, Ohio, on February 10, 1958. This is an action for...
346 S.W.2d 538 (1961) Jennings WOODROW et al., Appellants, v. LOUISVILLE & JEFFERSON COUNTY PLANNING & ZONING COMMISSION, etc., et al., Appellees. Court of Appeals of Kentucky. May 12, 1961. R. D. McAfee, Louisville, for appellants. James L. Taylor, Oldham Clarke, James M. Cuneo, Louisville, for appellees. WADDILL, Commissioner. The Woodrows are appealing from an order of the Jefferson Circuit Court which dismissed their appeal from a decision of *539 the Louisville and Jefferson County...
349 S.W.2d 357 (1961) Elizabeth WITHERS et al., Appellants, v. BEREA COLLEGE, Appellee. Court of Appeals of Kentucky. May 19, 1961. Rehearing Denied October 13, 1961. Thomas D. Shumate, Richmond, for appellants. Shackelford & Burnam, Richmond, for appellee. PALMORE, Judge. The appellee, Berea College, owns a large tract of mountain woodland at the head of Cowbell Hollow in Madison County. From 1904 until 1955 it collected and impounded water from five underground springs and a small dam and...
346 S.W.2d 27 (1961) George W. WILDER, Appellant, v. UNITED MINE WORKERS OF AMERICA and Welfare and Retirement Fund, et al., Appellees. Court of Appeals of Kentucky. April 21, 1961. *28 Lester L. Parrott, Pineville, for appellant. Lay & Knuckles, Pineville, for appellees. MOREMEN, Judge. Appellant, George W. Wilder, filed a complaint in the Bell Circuit Court by which he sought to obtain pension benefits from the United Mine Workers of America Welfare and Retirement Fund which will hereinafter...
348 S.W.2d 936 (1961) Jeanette England WHITE, Appellant, v. Hollis ENGLAND et al., Appellees. Court of Appeals of Kentucky. April 28, 1961. Rehearing Denied September 29, 1961. Henry A. Triplett, Curtis G. Witten, Louisville, for appellant. *937 Thomas Cubbage, Leitchfield, Robert Hubbard, Elizabethtown, for appellees. STANLEY, Commissioner. A divorce judgment was granted James Elliot England in November, 1954, on the ground of abandonment by his wife, Jeanette England. It was not revealed in...
347 S.W.2d 506 (1961) J. P. WEBB, Appellant, v. STONEWALL INSURANCE CO., Appellee. Court of Appeals of Kentucky. June 9, 1961. F. Dale Burke, Francis M. Burke, Pikeville, for appellant. Percy Brown, Jr., Richard F. Newell, Ogden, Brown, Robertson & Marshall, Louisville, Baird & Hays, Pikeville, for appellee. CLAY, Commissioner. In this suit on a fire insurance policy the trial court gave summary judgment for the insurer on the ground a condition of the policy had been breached and there was no...
350 S.W.2d 639 (1961) David E. WEAVER, Appellant, v. William Hardin BROOKS, Appellee. Court of Appeals of Kentucky. October 27, 1961. Charles W. Morris, Morris & Garlove, Louisville, for appellant. Edward Ewen, Jr., Cecil Davenport, Louisville, for appellee. WILLIAMS, Judge. The appellee, William Hardin Brooks, was injured in an accident involving a motorcycle which he was driving and an automobile driven by appellant, David E. Weaver. The case was brought to trial in the Jefferson Circuit...
347 S.W.2d 542 (1961) Archie VAUGHN, Appellant, v. Jack L. HEARRELL, Appellee. Court of Appeals of Kentucky. June 23, 1961. *543 Shuffett & Butler, Greensburg, William Branaman, King, Deep & Branaman, Henderson, for appellant. T. L. Burress, Greensburg, for appellee. STEWART, Judge. This case involves the construction of an oil and gas lease executed by appellant, Archie Vaughn, as lessor, which through mesne assignments was acquired by appellee, Jack L. Hearrell. Appellant brought this action...
352 S.W.2d 562 (1961) W. R. VAUGHAN et al., Appellants, v. GENERAL OUTDOOR ADVERTISING CO., Inc., Appellee. Court of Appeals of Kentucky. November 3, 1961. Rehearing Denied January 26, 1962. *563 William A. Stephenson, Sidney Hanish, Louisville, for appellants. Henry J. Tilford, Charles W. Dobbins, Stuart E. Alexander, Louisville, for appellee. WADDILL, Commissioner. This is an appeal from a judgment granting appellee, General Outdoor Advertising Company, Inc., a permanent mandatory injunction...
352 S.W.2d 66 (1961) Bill TURPIN, Appellant, v. COMMONWEALTH of Kentucky, Appellee. Court of Appeals of Kentucky. December 8, 1961. Eugene Goss, Harlan, for appellant. John B. Breckinridge, Atty. Gen., John B. Browning, Asst. Atty. Gen., for appellee. STEWART, Judge. Appellant, Bill Turpin, was convicted in the Harlan Circuit Court of the offense of maliciously shooting at and wounding another with intent to kill. See KRS 435.170 (1). He was sentenced to five years' imprisonment. On appeal he...
348 S.W.2d 846 (1961) TRUSTEES OF TRANSYLVANIA PRESBYTERY, U. S. A., INC., Appellant, v. GARRARD COUNTY BOARD OF EDUCATION et al., Appellees. GARRARD COUNTY BOARD OF EDUCATION et al., Cross-Appellants, v. TRUSTEES OF TRANSYLVANIA PRESBYTERY, U. S. A., INC., Cross-Appellee. Court of Appeals of Kentucky. May 19, 1961. Rehearing Denied September 22, 1961. *847 Blakey Helm, Joseph B. Helm, Louisville, Samuel R. Cheek, Jr., Danville, for appellant and cross-appellee. Gilbert M. Wilson, Edward P....
343 S.W.2d 812 (1961) TRI-STATE DEVELOPERS, INC., et al., Appellants, v. DuRan MOORE et al., Appellees. Court of Appeals of Kentucky. March 3, 1961. *813 Baird & Hays, Pikeville, G. M. Castle, Harlan, for appellants. Combs & Combs, Prestonsburg, Cordell H. Martin, Hindman, for appellees. PALMORE, Judge. Tri-State Developers, Incorporated, a Kentucky corporation, and H. Nick Johnson, its president, appeal from a $10,180.34 judgment entered against them jointly and severally in a suit for breach...
345 S.W.2d 635 (1961) Cad P. THURMAN, Commissioner of Insurance of the Commonwealth of Kentucky, and Department of Insurance of the Commonwealth of Kentucky, Appellant, v. MERIDIAN MUTUAL INSURANCE COMPANY, Appellee. Court of Appeals of Kentucky. March 17, 1961. J. D. Ackman, Louisville and Scott Reed, Lexington, for appellant. Joseph J. Leary, Frankfort, for appellee. PALMORE, Judge. In July 1957 the appellee, Meridian Mutual Insurance Company, pursuant to KRS 304.606 applied to the appellant,...
346 S.W.2d 3 (1961) STATE PROPERTY & BUILDINGS COMMISSION of the Commonwealth of Kentucky et al., Appellants, v. William H. HAYS et al., Appellees. Court of Appeals of Kentucky. April 28, 1961. *5 Joseph R. Rubin, Louisville, John Breckinridge, Atty. Gen., Holland McTyeire, Asst. Atty. Gen., for appellants. Ed. P. Jackson, Bill V. Seiller, Louisville, for appellees. PALMORE, Judge. This is a declaratory judgment suit challenging the validity of Chapters 128 and 129 of the Acts adopted by the...
349 S.W.2d 696 (1961) Curt SPURLOCK, Appellant, v. Birtie SPURLOCK, Appellee. Court of Appeals of Kentucky. September 22, 1961. *697 O. J. Cockrell, Jackson, for appellant. James S. Hogg, Jackson, for appellee. STANLEY, Commissioner. Mrs. Birtie Spurlock was injured while riding in her husband's automobile. She recovered a judgment against him for $6,000. It was disclosed in chambers of the trial court that the case was being defended by the husband's insurance carrier. The appellant relies on...
344 S.W.2d 393 (1961) Lorena SMITH, Appellant, v. Frank CRENSHAW et al., Appellees. Vincent J. HARGADON, Administrator of the Estate of Roten Lee Smith, Deceased, Appellant, v. Frank CRENSHAW et al., Appellees. Court of Appeals of Kentucky. March 10, 1961. *394 Raymond Stephenson, Harold R. Marquette, Louisville, for appellants. Victor W. Ewen, Jones, Ewen & MacKenzie, Louisville, for appellees. CULLEN, Commissioner. Around 6:30 a. m. on a bright August morning Roten Lee Smith was driving his...
350 S.W.2d 704 (1961) Thomas Scott SILER, Appellant, v. Elsie WILLIFORD, Appellee. Court of Appeals of Kentucky. October 13, 1961. *705 Robert J. Watson, Middlesboro, for appellant. Wm. S. Tribell, Middlesboro, John James Tribell, Pineville, for appellee. STANLEY, Commissioner. This is an appeal from a judgment for $6,741 for personal injuries and hospital and medical expenses resulting from an automobile collision. The grounds for a reversal appear in the course of the opinion. The plaintiff,...
353 S.W.2d 212 (1961) Hazel SHEPPARD, Appellant, v. IMMANUEL BAPTIST CHURCH et al., Appellees. Court of Appeals of Kentucky. December 15, 1961. Rehearing Denied February 16, 1962. Howell W. Vincent, Edwin H. Henry, Covington, for appellant. Marion W. Moore, Blakely, Moore & O'Hara, Covington, for appellees. MOREMEN, Judge. Appellant, Hazel Sheppard, brought suit against appellees, Immanuel Baptist Church and its Board of Trustees, by which she sought to recover damages for injuries she...
347 S.W.2d 498 (1961) Ollie SEVERANCE, Appellant, v. William A. SOHAN et al., Appellees. Court of Appeals of Kentucky. June 9, 1961. *499 Morris & Garlove, Martin J. Duffy, Jr., Louisville, for appellant. Peter, Heyburn & Marshall, Thomas Speckman, James W. Hendricks, Louisville, for appellees. PALMORE, Judge. At about 6:45 P.M. on April 11, 1958, the appellant, Ollie Severance, while walking across Bardstown Road near the intersection of Deerwood Avenue in the City of Louisville, Kentucky, was...
