Reversing. The appellants, Emma Zint and Andrew Zint, her husband, and the Kentucky Loan Building Association, whom we will refer to as the defendants, were sued upon an alleged street improvement lien. The amount of this *Page 618 lien is $822.45, with interest from January 12, 1923, plus a penalty of 10% and the costs of the action. The plaintiff, in his petition, alleged that pursuant to ordinances of Fort Thomas, which is a city of the fourth class, he had constructed a street, curb and...
Affirming. The appellant, Elsie Zachert, while employed as a servant at the Louisville City Hospital, an eleemosynary institution established and maintained by the appellee, city of Louisville, sustained numerous painful and permanent injuries to her face, head and other parts of her body, whereby she was disfigured and maimed for life, by the explosion of the boiler or drum of a steam sterilizer located in and used by the hospital, which explosion resulted, as claimed by the appellant, from...
Reversing. This action, which was instituted in the Logan circuit court, involves as the sole question for determination, the proper interpretation of that portion of the will of Albert Stutz disposing of the remainder interest in his property after first giving to his widow a life estate therein for her own life. The language of the will to be interpreted is: "And at her death to be sold and the proceeds to be equally divided between her children and the children of my brother, John Stutz." At...
Affirming. Appellants and appellees own adjoining tracts of land. A single line divides them. The line is fixed by the title papers in appellant's chain of title, as those in appellee's chain of title call for the line of the former. The line in dispute is the first line of the tract owned by appellants, and it is described: "Beginning at a white oak and hickory on the south side of the ridge, S. 10 W. 124 poles to a bunch of sycamores on the bank of the Sandy river." The parties agree on the...
Affirming. Jointly indicted with John Young, his father, for the crime of murder, the appellant was on his separate trial found guilty of manslaughter and his punishment fixed at confinement in the penitentiary for a period of ten years. Five grounds are relied on for reversal, the first of which is that the court erred in overruling a demurrer to the indictment. Counsel has pointed out no defect in this indictment, and, after carefully reading it, we are convinced that it is sufficient in law....
Affirming. Appellant began this action against the city of Lexington, and asked for $10,000.00 damages for injuries sustained by him as hereinafter stated. A demurrer was sustained to his petition, and he has appealed. The city *Page 503 of Lexington is a municipal corporation, and is under the commission form of government. It owns and operates a fire department and various trucks and other equipment usually used in fire-fighting. The plaintiff, an employe of the Kentucky Traction and Terminal...
Reversing. A writing purporting to be the last will and testament of Susan M. Young, a colored woman, of Louisville, who died on the 17th day of May, 1923, is the subject of *Page 770 this controversy. It was admitted to probate by the Jefferson county court, and the Louisville Trust Company named as executor, duly qualified as such and undertook the discharge of its duties. The testatrix left no kin save Julia Toliver, an old colored woman, a cousin, who has departed this life since the first...
Affirming. The only question on this appeal is whether the petition was properly dismissed on demurrer. The case is pleaded under the federal Employers' Liability Act, and, conceding that the facts stated are sufficient in that respect, it remains to determine whether the petition as amended states a cause of action. Briefly stated the averments of the petition are these: Plaintiff, was employed by defendant as a section hand and was at work on its track and road bed. While at work, under the...
Affirming. In this action for personal injuries the court at the conclusion of the evidence of the appellant, who was the plaintiff below, peremptorily instructed the jury to find for the appellee, and from the judgment entered on the verdict found in accordance with such instruction, the appellant brings this appeal. The appellant was a passenger on one of the appellee's trains running from Somerset, Kentucky, to Alpine, Kentucky, and was hurt by a window sash falling on his arm. The only...
Affirming. This is an appeal from a judgment convicting appellant of the unlawful possession of intoxicating liquor and fixing her punishment at a fine of $100.00 and 30 days in jail. On behalf of the Commonwealth Guy Tuggle testified as follows: In November, 1925, he and other officers arrested appellant, James Woods and Dewey Broaddus at a garage in Richmond. The parties had been drinking, and Dewey Broaddus had a bottle containing white whiskey. Tuggle asked appellant where was the rest of...
Reversing. The W.T. Rawleigh Company is an Illinois corporation located in the city of Freeport, Illinois, and doing an interstate commerce business in the state of Kentucky in this way: It ships to its customers goods upon orders sent to it from Kentucky, the goods being delivered on the cars at Freeport. Among its customers was J.R. Bowling, of Asher, Kentucky. It required its customers to sign a written contract and to give sureties that the customer would comply with the contract. It...
Affirming. The validity of the reciprocal will of Joseph B. Wright, and of reciprocal wills in general, is brought in question by this action commenced in the Simpson circuit court by Mrs. Safrano Wright, widow of Joseph B. Wright, against Cornelius Wright and Evangeline Travelstead, the two surviving children of Joseph B. Wright, deceased. On March 31st, 1915, appellee, Safrano Wright, and her husband, Joseph B. Wright, each executed a separate will, devising and bequeathing to the other all...
Affirming. The appellant, as sheriff of Crittenden county, sued the appellees for $636.40 which he alleges should be paid to him as his commission on $16,484.34 taxes levied by the defendants, which the plaintiff should have had an opportunity to collect. By chapter 35, page 134 of the Acts of the General Assembly for the year 1922, the law relative to schools in fourth class cities was so changed as to require the school taxes in those cities to be levied by the board of education, and...
Reversing. On the former appeal of this case the judgment which had been rendered in favor of the defendants was reversed and the cause was remanded for a new trial, Harlan Fuel Co. v. Wiggington, 203 Ky. 546 . The facts of the case are fully stated in that opinion. On the return of the case to the circuit court it was tried again. At the conclusion of the trial the jury returned this verdict: "We, the jury, do agree and find for the plaintiff $2,500.00. C.E. Ball, Foreman." The verdict was...
Reversing. Appellee and plaintiff below, George Constantine, filed this equity action in the Leslie circuit court against appellants and defendants below, Lilburn Woods and wife, alleging therein that defendants employed plaintiff, to construct a building upon land jointly owned by them, which he did at the cost of $550.00, and plaintiff sought judgment against defendants for that amount and the assertion of a mechanic's lien on the lot of ground upon which the building was erected. The answer...
Reversing. The Wood, Stubbs Company, a corporation, brought this action against Crawford Arterburn to recover $784.87, an alleged balance on an account for various articles of merchandise sold him by the plaintiff. In an amended petition it was alleged that the defendant stored with the plaintiff 325 bags of potatoes for a period of five months at five cents a bag and ten cents a bag for handling charges, making in all $113.05, for which the plaintiff also prayed judgment. By his answer the...
Affirming. The defendants have appealed from a judgment imposing upon each of them one year's imprisonment in the penitentiary for burning a storehouse. The indictment is much like the indictment in the case of Dennison v. Com., 208 Ky. 366 , 270 S.W. 752 . The defendants filed fifteen grounds for a new trial. Many of these are not discussed in their brief, and we shall treat them as waived. McCorkle v. Chapman, 181 Ky. 607 , 205 S.W. 682 . The evidence showed that the defendants conducted a...
Reversing. The appellant was tried and convicted before a justice of the peace under a warrant charging him with unlawfully having whiskey in his possession. He prosecuted an appeal to the circuit court and was there again found guilty. Acting under a search warrant directing him to search the person of appellant and certain premises in his possession, a policeman met appellant on the road. While the officer was attempting to search appellant's person, appellant threw away a package which *Page...
Affirming. Appellant was indicted charged with the murder of Ollie Carpenter, and upon his first trial was found guilty of manslaughter. He appealed from that judgment, and the same was reversed for reasons not necessary now to discuss. Wireman v. Com., 206 Ky. 828 . *Page 422 In the opinion upon that appeal there is a statement of the facts which for the purpose of this opinion it is unnecessary to repeat. Upon a second trial he was again found guilty of manslaughter, and this is an appeal...
Affirming. One of the heirs at law of Van Wingfield, deceased, who had died intestate, brought this equitable action against the other heirs at law to partition among them, according to their respective interests, the landed estate of the decedent. One of the heirs at law who was a defendant not only held the interest he inherited, but had, after his father's death, become the owner of the interests of several of the other heirs at law, until he owned approximately a three-fourths interest in...
