361 S.W.2d 300 (1962) KENTUCKY UTILITIES COMPANY et al., Appellants, v. FARMERS RURAL ELECTRIC COOPERATIVE CORPORATION, Appellee. (S82-60). Court of Appeals of Kentucky. October 19, 1962. *301 Charles A. Robertson, James S. Welch, Ogden, Brown, Robertson & Marshall, Louisville, Uhel O. Barrickman, Richardson, Barrickman & Dickinson, Glasgow, J. Gardner Ashcraft, Morris Burton, John B. Breckinridge, Atty. Gen., Frankfort, for appellants. Philip P. Ardery, Brown, Ardery, Todd & Dudley, Louisville,...
361 S.W.2d 108 (1962) Margaret McReynolds WROBLEWSKI and Beverly Ann Egan, by her Next Friend, Earl F. Martin, Appellants, v. Lester E. YEAGER, Individually, etc., Appellees. Court of Appeals of Kentucky. May 18, 1962. Rehearing Denied November 9, 1962. Thomas E. Sandidge, James S. Sandidge and Sandidge & Sandidge, Owensboro, for appellants. Wilson & Wilson, Jack A. Conner, Owensboro, for appellees. CULLEN, Commissioner. A six-page typewritten document, bearing on the last page the signature of...
358 S.W.2d 516 (1962) Milton WILLARD, Appellant, v. Walter FERGUSON, Chairman, State Board of Parole, Frankfort, Kentucky, Appellee. Court of Appeals of Kentucky. June 15, 1962. Milton Willard, pro se. John B. Breckinridge, Atty. Gen., Ray Corns, Asst. Atty. Gen., Frankfort, for appellee. BIRD, Judge. Milton Willard, a prisoner in the Eddyville Penitentiary, became eligible for parole. He made his application to the Parole Board and subsequently appeared for hearing before the Board. The Board...
360 S.W.2d 198 (1962) Cord WHITE, Jr., Appellant, v. COMMONWEALTH of Kentucky, Appellee. Court of Appeals of Kentucky. March 16, 1962. Rehearing Denied October 12, 1962. Marcus Mann, Slayersville, for appellant. John B. Breckinridge, Atty. Gen., John B. Browning, Asst. Atty. Gen., for appellee. CULLEN, Commissioner. Cord White, Jr., was convicted of voluntary manslaughter and given a 10-year sentence. On appeal to this Court the conviction was reversed because of errors in the *199 instructions....
355 S.W.2d 657 (1962) John C. WATTS, Appellant, v. Henry H. CARTER, Appellee. Court of Appeals of Kentucky. March 23, 1962. Louis Cox, John Hopkins, Frankfort, Bradford T. Garrison, Nicholasville, for appellant. *658 John B. Breckinridge, Atty. Gen., H. N. McTyeire, Asst. Atty. Gen., for appellee. PALMORE, Judge. This is a declaratory judgment action testing the validity of the 1962 Congressional redistricting act of the General Assembly, House Bill 443. The circuit court held it valid. The...
355 S.W.2d 295 (1962) Bernard F. VEITH et al., Appellants, v. CITY OF LOUISVILLE et al., Appellees. Court of Appeals of Kentucky. January 26, 1962. Dissenting Opinion February 16, 1962. Richard H. Nash, John A. McCrea, Louisville, for appellants. Eugene Alvey, Herman Frick, Louisville, for appellees. CLAY, Commissioner. Appellants are respectively the comptroller and accountant of the City of Louisville. This injunction suit was brought against them by the City of Louisville and three of its...
360 S.W.2d 215 (1962) Luther THOMAS, Warden, Kentucky State Penitentiary, Appellant, v. Joseph Leon SCHUMAKER, Appellee. Court of Appeals of Kentucky. June 15, 1962. Rehearing Denied October 12, 1962. John B. Breckinridge, Atty. Gen., Ray Corns, Asst. Atty. Gen., for appellant. Joseph Leon Schumaker, Eddyville, for appellee. MILLIKEN, Judge. In a habeas corpus action filed by the appellee, Joseph Leon Schumaker, the trial court directed the warden of the State Penitentiary at Eddyville to...
356 S.W.2d 255 (1962) Gertrude TARTER, Appellant, v. Ruth MEDLEY, Appellee. Court of Appeals of Kentucky. January 19, 1962. Rehearing Denied May 4, 1962. Fritz Krueger, Don Cooper, Somerset, for appellant. Joseph Montgomery, Somerset, Charles J. Schear, Newport, for appellee. STANLEY, Commissioner. The action was brought by the appellant, Gertrude Tarter, to quiet her title to real property as the sole heir of her brother, Kenneth Tarter, who died intestate January 19, 1944. She charged that...
361 S.W.2d 285 (1962) Hershell STACY, Appellant, v. South NOBLE, Jr., et al., Appellees. Court of Appeals of Kentucky. October 19, 1962. *286 Calvin N. Manis, Hazard, for appellant. Willis W. Reeves, Richard D. Cooper, Reeves, Barret & Cooper, Hazard, for appellees. MOREMEN, Judge. Appellant, Hershell Stacy, was employed by Carter's Garage as a mechanic and on September 12, 1959, was repairing a disabled vehicle on the highway when he was struck by an automobile driven by South Noble, Jr. and...
362 S.W.2d 33 (1962) Mary Edith SPILLMAN et al., Appellants, v. Emerson BEAUCHAMP, etc., et al., Appellees. Court of Appeals of Kentucky November 9, 1962. *34 Bruce R. Hamilton, LaGrange, for appellants. John B. Breckinridge, Atty. Gen., Walter Herdman, Asst. Atty. Gen., William G. Mullins, Dept. of Public Safety, Frankfort, for appellees. CULLEN, Commissioner. Mary Edith Spillman and Charles Ashbrook brought an action for damages against the Commissioner of the Department of Agriculture of...
354 S.W.2d 744 (1961) M. H. SMITH et al., etc., Appellants, v. Clyde HENSLEY, Appellee. Court of Appeals of Kentucky. September 29, 1961. As Modified on Denial of Rehearing March 2, 1962. *745 Roy W. House, Manchester, Denney & Landrum, Lexington, for appellants. A. E. Cornett, Hyden, for appellee. STANLEY, Commissioner. The action is by Clyde Hensley, one of eight partners constituting the firm of Mary Gail Coal Company, against all the partners, including himself by name, to recover damages...
366 S.W.2d 902 (1962) Willie Gaines SMITH, Appellant, v. COMMONWEALTH of Kentucky, Appellee. Court of Appeals of Kentucky. December 14, 1962. Rehearing Denied May 10, 1963. *903 Charles Landrum, Jr., James Park, Jr., Lexington, for appellant. John B. Breckinridge, Atty. Gen., Wayne J. Carroll, Asst. Atty. Gen., Frankfort, for appellee. MONTGOMERY, Judge. Willie Gaines Smith appeals from a judgment fixing his punishment at death. He was indicted jointly with Hassie Cane Martin for the willful...
354 S.W.2d 292 (1962) Craig R. SCHMIDT et al., Appellants, v. C. Thomas CRAIG et al., Appellees. Court of Appeals of Kentucky. February 16, 1962. H. B. Kinsolving, III, Kinsolving & Kinsolving, Shelbyville, for appellants. Bernard B. Davis, Shelbyville, for appellees. STEWART, Chief Justice. This is an appeal from a judgment of the Shelby Circuit Court, affirming the action of the board of zoning adjustment (herein called "the board") of the City of Shelbyville which granted a special exception...
358 S.W.2d 490 (1962) Russell SAPP et al., Appellants, v. Florence MASSEY et al., Appellees. Court of Appeals of Kentucky. June 22, 1962. Donan & Vick, Greenville, for appellants. Jarvis & Cornette, Greenville, for appellees. STANLEY, Commissioner. H. J. Massey and wife, Florence, on March 1, 1951, executed an oil and gas lease of 58 acres to Fred Culpepper. One *491 producing well was started in 1954 and completed on June 29, 1956. This suit was instituted on September 30, 1957, by Florence...
357 S.W.2d 882 (1962) Clyde E. ROWE, Appellant, v. OSCAR EWING DISTRIBUTING CO., Inc., et al., Appellees. Court of Appeals of Kentucky. June 1, 1962. Hatcher & Lewis, Elizabethtown, for appellant. H. L. James, Elizabethtown, for appellees. MOREMEN, Judge. In appellant's action against appellee company for personal injuries, the court directed a verdict for the appellees. Appellant, Clyde E. Rowe, is a member of the Army of the United States stationed at Fort Knox. He lives in a house trailer...
357 S.W.2d 33 (1962) ROJO, INC., et al., Appellants, v. Evelyn DRIFMEYER, Appellee. Court of Appeals of Kentucky. May 4, 1962. *34 Julian W. Knippenberg, Boehl, Stopher, Graves & Deindoerfer, Lexington, for appellants. Wheeler Boone, Lexington, for appellee. MONTGOMERY, Judge. Evelyn Drifmeyer sued to recover for alleged injuries sustained when she fell in the entranceway to the Drake Hotel Bar in Lexington owned by Rojo, Inc., and operated by Drabar, Inc. The jury awarded her $8,936.44 for...
363 S.W.2d 111 (1962) Margaret Gladys ROBINSON, Appellant, v. Edward ROBINSON, Jr., Appellee. Court of Appeals of Kentucky. December 14, 1962. *112 Clay Shackelford, Shackelford & Burnam, Richmond, for appellant. George W. Robbins, Robbins, Robbins & Robbins, Richmond, for appellee. PALMORE, Judge. This is a divorce case in which the wife (appellant) was awarded an absolute divorce, custody of her two small children, and $20 per week "as alimony for herself and as maintenance and support for...
361 S.W.2d 518 (1962) Tom RANEY et al., Appellants, v. Thelma STOVALL, Treasurer, Commonwealth of Kentucky. Appellee. Court of Appeals of Kentucky. October 26, 1962. *519 Louis Cox, William A. Logan, Hazelrigg & Cox, Frankfort, J. E. Sanders, Pikeville, for appellant Raney. Hunter B. Whitesell, Asst. Atty. Gen., Frankfort, for appellant Matthews. Thomas F. Marshall, Funk, Chancellor & Marshall, Frankfort, for appellee. CLAY, Commissioner. This declaratory judgment action presents two...
361 S.W.2d 279 (1962) Paul J. PRYOR, Appellant, v. Luther THOMAS, Warden, Kentucky State Penitentiary, Appellee. Court of Appeals of Kentucky. October 12, 1962. Paul J. Pryor, appellant, pro se. John B. Breckinridge, Atty. Gen., Ronald M. Sullivan, Asst. Atty. Gen., for appellee. MOREMEN, Judge. Appellant, Paul J. Pryor, was convicted of murder and sentenced to life imprisonment. He filed a petition for a writ of habeas corpus in the Lyon Circuit Court on the grounds that KRS 435.010, which...
362 S.W.2d 726 (1962) Karl O. POTTS, Jr., et al., Appellants, v. Merrick KREY, An Infant by Harry E. Krey, His Next Friend, et al., Appellees. Court of Appeals of Kentucky. December 7, 1962. William E. Wehrman, R. Barry Wehrman, Covington, for appellants. Rodney S. Bryson, Covington, Lindhorst & Dreidame, Cincinnati, Ohio, for appellees. *727 CULLEN, Commissioner. Karl O. Potts, Jr., a truck driver, and Continental Coffee Company, his employer, appeal from a judgment awarding damages in the...
