372 S.W.2d 789 (1963) WINN-DIXIE LOUISVILLE, INC., Appellant, v. Lieselotte SMITH, Appellee. Court of Appeals of Kentucky. November 29, 1963. *790 Norman A. Curtis, Louisville, for appellant. Louis N. Garlove, Carl J. Bensinger, Louisville, for appellee. MELVIN T. STUBBS, Special Commissioner. This is an appeal from a judgment in favor of Lieselotte Smith in the amount of $5,989. Motions of appellant, Winn-Dixie Louisville, Inc., for a directed verdict were overruled. The appellant contends...
368 S.W.2d 337 (1963) Elizabeth WHITEHEAD, Appellant, v. Helen Garvin DONNELLY et al., Appellees. Court of Appeals of Kentucky. May 3, 1963. Rehearing Denied June 28, 1963. Duncan & Allender, Bowling Green, for appellant. Coleman, Harlin & Orendorf, Marshall Funk, Bowling Green, for appellees. CLAY, Commissioner. The construction of a provision of a holographic will is sought in this declaratory judgment action. The controversy is between the named residuary legatees and the heirs of the...
368 S.W.2d 738 (1963) WEST KENTUCKY COAL COMPANY et al., Appellant, v. COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellee. Court of Appeals of Kentucky. June 7, 1963. *739 James F. Gordon, Madisonville, Joseph J. Leary, Frankfort, for appellant. John B. Breckinridge, Atty. Gen., William A. Lamkin, Asst. Atty. Gen., Paul E. Hunley, Frankfort, Frank D. Berry, Madisonville, for appellee. CULLEN, Commissioner. The Commonwealth condemned, as right of way for a four-lane nonaccess highway, a...
377 S.W.2d 73 (1963) G. C. WEAVER, Jr., Appellant, v. NATIONAL FIDELITY INSURANCE COMPANY et al., Appellees. Court of Appeals of Kentucky. June 21, 1963. Rehearing Denied April 17, 1964. *74 John G. Prather, Fritz Krueger, Somerset, for appellant. Ben D. Smith, Smith & Blackburn, M. D. Harris, Somerset, for appellees. CHARLES M. ALLEN, Special Commissioner. This is an appeal from the judgment of the Pulaski Circuit Court entered on July 7, 1961, awarding to the appellee, National Fidelity...
372 S.W.2d 414 (1963) UNIVERSITY OF KENTUCKY, etc., Appellants, v. James GUYNN, Appellee. Court of Appeals of Kentucky. November 8, 1963. *415 John B. Breckinridge, Atty. Gen., Frankfort, W. L. Matthews, Jr., College of Law, Elwood Rosenbaum, Lexington, for appellants. George E. Barker, Shouse, Barker & Coplin, Lexington, for appellee. CLAY, Commissioner. The judgment appealed from affirms an award of $10,000 made by the Board of Claims in a personal injury proceeding against appellants. The...
372 S.W.2d 784 (1963) UNITED FUEL GAS COMPANY, a Corporation, Appellant, v. J. U. THACKER et al., Appellees. Court of Appeals of Kentucky. November 29, 1963. *785 Hobson & Stephens, Baird & Hays, Pikeville, C. E. Goodwin, H. Raymond Andrews, Jr., Charleston, W. Va., for appellant. L. D. May, Pikeville, for appellees. CLAY, Commissioner. Appellees, the plaintiffs below, recovered an $81,000 judgment against the appellant defendant for personal injuries and property damage resulting from the...
373 S.W.2d 421 (1963) C. W. TOTTEN, Administrator of the Estate of Etta Mae Totten, Deceased, Appellant, v. H. B. LOVENTHAL, Appellee. Court of Appeals of Kentucky. December 13, 1963. J. B. Gathright, Louisville, for appellant. R. I. McIntosh, John P. Sandidge, Woodward, Hobson & Fulton, Louisville, for appellee. E. J. STAHR, Special Commissioner. This appeal is from an order of the trial court which refused to permit the filing of an amended complaint and dismissed the complaint upon a plea of...
371 S.W.2d 35 (1963) THE TRAVELERS, Appellant, v. HUMMING BIRD COAL COMPANY, Appellee. Court of Appeals of Kentucky. April 26, 1963. Rehearing Denied November 1, 1963. *37 Maxwell P. Barret, Hazard, for appellant. A. E. Cornett, Hyden, Eugene Clark, Manchester, for appellee. JOHN B. RODES, Special Commissioner. This is a suit by Humming Bird Coal Company (owned by Charles Lewis and Ed Stansbury) engaged in the strip and auger mining of coal near Hyden, Kentucky, against The Travelers to recover...
371 S.W.2d 862 (1963) Willard TERRY, Appellant, v. COMMONWEALTH of Kentucky, Appellee. Court of Appeals of Kentucky. May 17, 1963. Concurring Opinion May 20, 1963. As Modified on Denial of Rehearing October 18, 1963. *863 Claude Asbury, W. G. Wheeler, Catlettsburg, for appellant. John B. Breckinridge, Atty. Gen., James G. Osborne, Asst. Atty. Gen., for appellee. WILLIAMS, Judge. The appellant, Willard Terry, was tried in the Boyd Circuit Court and was convicted of the murder of his son. His...
372 S.W.2d 670 (1963) T. C. YOUNG CONSTRUCTION COMPANY, Inc., et al., Appellants, v. Grant BROWN, Jr., Appellee. Court of Appeals of Kentucky. November 15, 1963. *671 William A. Rice, Harlan, J. C. Helton, Pineville, for appellants. John J. Tribell, William S. Tribell, Middlesboro, for appellee. PALMORE, Judge. At about daylight on the morning of August 22, 1960, a pickup truck being driven by Albert Monroe Hodge on the business of his employer, T. C. Young Construction Company, collided with...
374 S.W.2d 504 (1963) STEPHENS ELKHORN COAL COMPANY, Appellant, v. Luther TIBBS et al., Appellees. Court of Appeals of Kentucky. October 18, 1963. Rehearing Denied February 7, 1964. *505 Fred G. Francis (Howard, Francis & Howard), Prestonsburg, for appellant. Dan Jack Combs, Pikeville, for appellees. CULLEN, Commissioner. The Workmen's Compensation Board granted Luther Tibbs benefits for total disability resulting from silicosis which was contracted while working in the mine of Stephens Elkhorn...
368 S.W.2d 734 (1963) STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Mary Irene SHELTON, Appellee. Court of Appeals of Kentucky. June 7, 1963. *735 John B. Anderson, Owensboro, for appellant. Gwin & Iler, Owensboro, for appellee. CLAY, Commissioner. This is a suit against appellant defendant insurance company to enforce its liability under an automobile liability policy based upon a judgment obtained against its insured. The case was submitted to the jury on two of defendant's...
368 S.W.2d 314 (1963) Jack SPURLIN, Appellant, v. Odes SLOAN and Spencer Sloan, d/b/a Sloan Construction Company and Arvie Burchett, Appellees. Court of Appeals of Kentucky. May 31, 1963. C. Kilmer Combs, Ashland, for appellant. Clark Pratt, Hindman, for appellees. *315 EARL T. OSBORNE, Special Commissioner. This is an action by Jack Spurlin against Arvie Burchett in which Spurlin obtained judgment in the Floyd Circuit Court and attached money due Burchett for work performed upon a project in...
372 S.W.2d 401 (1963) SECURITY TRUST COMPANY, a Corporation, ex rel. Dages I. Boyle, Shareholder, Appellant, v. E. S. DABNEY et al., Appellees. Court of Appeals of Kentucky. June 21, 1963. Rehearing Denied December 13, 1963. *402 Frank S. Ginocchio, Lexington, for appellant. Stoll, Keenon & Park, Harbison, Kessinger, Lisle & Bush, Lexington, for appellees. PALMORE, Judge. On January 10, 1961, pursuant to a resolution theretofore adopted by its board of directors, the shareholders of Security...
368 S.W.2d 317 (1963) Faye Reynolds SALISBURY, etc., Appellant, v. Glorla Dean Salisbury VICK et al., Appellees. Court of Appeals of Kentucky. February 15, 1963. As Modified on Denial of Rehearing June 28, 1963. C. Kilmer Combs, Ashland, W. W. Burchett, Prestonsburg, for appellant. Hollie Conley, Paul E. Hayes, Prestonsburg, Malcolm Y. Marshall, Richard F. Newell, Odgen, Brown, Robertson & Marshall, Louisville, for appellees. CLAY, Commissioner. This controversy involves the right to $20,000...
371 S.W.2d 856 (1963) Lester ROARK, Appellant, v. ALVA COAL CORPORATION et al., Appellees. Court of Appeals of Kentucky. October 18, 1963. *857 Julian H. Golden, Pineville, for appellant. William A. Rice, Harlan, for appellees. MILLIKEN, Judge. The Harlan Circuit Court affirmed a ruling of the Workmen's Compensation Board which concluded that the claimant, Lester Roark, did not have silicosis and therefore refused him compensation. A referee of the Board had concluded that the claimant was...
366 S.W.2d 304 (1963) James William RILEY, Executor of the Estate of Stephen Silas Riley, Deceased, Appellant, v. Alvin O. HORNBUCKLE, Appellee. Court of Appeals of Kentucky. March 1, 1963. Rehearing Denied April 26, 1963. *305 Joseph Davis, Louisville, for appellant. Kenneth L. Anderson, Fielden Woodward, Woodward, Hobson & Fulton, Louisville, for appellee. PALMORE, Judge. Watterson Expressway is a limited access by-pass highway skirting Louisville on the south and east. Traffic moving in...
366 S.W.2d 153 (1963) Sidney RICE, Appellant, v. David L. DAVIS, Warden, Kentucky State Reformatory, LaGrange, Ky., Appellee. Court of Appeals of Kentucky. March 22, 1963. *154 Sidney Rice, pro se. John B. Breckinridge, Atty. Gen., William F. Simpson, Asst. Atty. Gen., Frankfort, for appellee. *155 STEWART, Chief Justice. Appellant, Sidney Rice, was convicted in the Bourbon Circuit Court of the offense of wilfully and maliciously shooting and wounding another with intent to kill, and sentenced...
371 S.W.2d 939 (1963) George W. RATTERMAN, Petitioner, v. Paul J. STAPLETON, Judge, Division No. 2, Campbell Circuit Court, Respondent. Court of Appeals of Kentucky. November 1, 1963. *940 Henry J. Cook, Moebus, Cook, Kirchhoff & Neisch, Newport, for petitioner. Howell W. Vincent, Covington, for respondent. N. Mitchell Meade, Lexington, amicus curiae. MONTGOMERY, Judge. The right of a circuit court to disbar permanently an attorney from the practice of law in the several courts of the...
375 S.W.2d 253 (1963) David H. PRITCHETT, Commissioner of Finance of Commonwealth of Kentucky, et al., Appellants, v. Thomas F. MARSHALL et al., Appellees. Court of Appeals of Kentucky. September 27, 1963. Rehearing Denied February 28, 1964. *254 John B. Breckinridge, Atty. Gen., Martin Glazer, Ronald M. Sullivan, Asst. Attys. Gen., for appellants. Thomas F. Marshall, Joseph J. Leary, Frankfort, for appellees. PALMORE, Judge. The appellee Clark, Commissioner of the Department of Fish and...
