Affirming in part and reversing in part. Frances Streipe, the widow of Henry C. Streipe, instituted an action to recover damages for the unlawful mutilation and dissection of the body of her deceased husband. The defendants were the coroner of Jefferson county, a physician who performed an autopsy at the instance of the coroner, two other physicians who observed the autopsy on behalf of an insurance company, the insurance company itself, and an undertaker to whom the body was intrusted for...
Reversing. The legislative department of the city of Ashland, Ky., enacted an ordinance entitled "Street Fair Ordinance." Its section I provided that it should be unlawful for any one to "put on" any fair or carnival within the city without first obtaining a license so to do, and then ordained that the license fee "shall be $1,500.00 per week, payable in advance of the application." Section 2 of the ordinance prescribed that "any person who shall conduct or aid or assist in conducting any...
Reversing. George Zahn died testate, a resident of New York, and the owner of 1,248 shares of the capital stock of the Standard Oil Company of Kentucky, a corporation organized under the laws of, and having its headquarters in, Kentucky. The Equitable Trust Company of New York qualified as his executor, and sought to have the stock transferred. The state tax commission refused to permit the transfer until the executor first paid the inheritance or succession tax of 2 per cent of the actual...
Reversing. Appellant is appealing from a judgment of the Christian circuit court, convicting him of the crime of breaking into the storehouse of another with intent to steal and for which offense his punishment was fixed at confinement in the penitentiary for a period of one year. The record shows that the warehouse with which the defendant is charged with having feloniously broken into and entered for the purpose of stealing tobacco therefrom, between the dates of February 1 and February 3,...
Affirming. Near the middle of the day of April 12, 1932, the appellant, John Young, shot and killed Edward E. Parr, a policeman in the city of Louisville, and which occurred in the second story of a flat at 220 East Market street, in that city. He and three others (Delbert Masterson, Della Yeley, and Alpheus Sampson) were later jointly indicted, in which they were accused of murder. On separate trial of appellant he was convicted and punished with death. His motion for a new trial was overruled...
Affirming in part and reversing in part. In November, 1927, W.R. Chandler was engaged in the business of plumbing in Paducah, Ky., in the name of the Economy Plumbing Company. The Young Men's Christian Association entered into a contract with him for plumbing and heating a unit of its building, situated in the city of Paducah, and for which it agreed to pay him $10,417.30. The contract between them was reduced to writing, signed, delivered, and accepted. The plan and specifications of the...
Affirming. J.E. Kirtley was the owner of a Nash roadster, which, together with the sum of $200 in cash he traded to the Fidelity Motor Company of Louisville for a secondhand Nash sedan. On February 3, 1930, the Yorkshire Insurance Company, through their agents at Elizabethtown, issued and delivered to Kirtley a policy insuring the Nash sedan against loss by fire or theft in the sum of $500. On March 15, 1930, the sedan was taken from the place where it had been left by Kirtley and burned....
Reversing. James J. Sheffield, a young man 18 years of age, died in the city hospital in Louisville, August 6, 1929. By the death certificate and by evidence of physicians, it is shown that his death was caused by cellulitis, septicemia, and metastatic abscesses. Young Sheffield was employed by the Mengel Company and worked in its plant for some months previous to and including the 26th day of July, 1929, when he left the plant suffering from the disease which caused his death. He remained at...
Affirming. This was an action brought by the appellant to collect $11,405.30, alleged to be due him upon a written contract dated June 13, 1926. A demurrer having been sustained to appellant's petition and he declining to plead further, it was dismissed, and this appeal results. The learned trial judge, the honorable Porter Sims, delivered a memorandum opinion in this case which so completely disposes of the contentions of appellant that it is adopted as the opinion of this court. It reads: "...
Appeal denied; judgment affirmed. *Page 854
Reversing. This appeal challenges the regularity of the proceedings resulting in a judgment convicting appellant of selling personal property upon which there was a mortgage of record, and fixing his punishment at one year's imprisonment in the penitentiary. The facts disclosed by the evidence are these: Appellant was the owner of a Star drilling machine, worth about $2,000, on which he executed and delivered on August 24, 1926, to the Combs Bros. Development Company a mortgage for $700, which...
Affirming. On November 2, 1927, the Raisin Monumental Company, a corporation, hereinafter called the company, instituted this action against Jesse H. Wyan, Mrs. L.J. Wyan, his wife, P.H. Wyan, and May Wyan, seeking to recover the sum of $1,242.19 balance due for fertilizer sold to Jesse H. Wyan. After stating necessary grounds for attachment against Jesse H. Wyan, it was alleged that, with the purpose to cheat, hinder, delay, and defraud his creditors, he had, without consideration, conveyed to...
Affirming in part and reversing in part. This suit was filed in the Kenton circuit court on June 6, 1930, against the appellee, Arthur Scott, seeking *Page 482 to enjoin him from interfering with or obstructing appellant's right of ingress and egress to and from his home over a private 20-foot right of way, extending from appellant's property to the nearby public road, and also seeking damages for the alleged loss of certain articles of personal property of the appellant, caused by their...
Affirming. The storeroom of the Durham Grocery Company in Columbia, Ky., in which it conducted a general merchandise business, was broken into about midnight on September 23, 1931, and goods and merchandise were taken therefrom, consisting mostly of cigarettes, of the value of $225. Later the appellant, Robert Wooten, was indicted and accused of committing that offense, and on his trial, following the indictment returned against him, he was convicted and punished by confinement in the...
Affirming. Indicted for the offense of murder, the appellant was convicted of the offense of manslaughter and sentenced to serve ten years in the penitentiary. He appeals. One evening in June, 1931, Bev Little, Sr., was killed by the appellant. Before supper that evening, the appellant who lived in the same neighborhood with Bev Little, Sr., and who was on friendly terms with him, came to the home of Bev Little, Sr., for the purpose of purchasing a a hog from Bev Little Jr., a young man some 20...
Reversing. While working for the appellant Wolverine Coal Company, Earl Grigsby was injured on the 10th day of October, 1929, in an accident arising out of and in the course of his employment. As a result of this accident, *Page 63 he died on November 16, 1929. Thereafter his mother and father, the appellees David Grigsby and Celia Grigsby, and the other seven appellees, his minor sisters and brothers, sought compensation under the Workmen's Compensation Act as dependants of the deceased. The...
Reversing. On October 16, 1930, a judgment was entered in a divorce action which had been instituted by the present appellee against the present appellant. By this judgment, the present appellant was granted a divorce on her counterclaim, the custody of two infant children was intrusted to her care until further order of court, and she was allowed for the support and maintenance of herself and these infants the sum of $40 a month, together *Page 163 with the use of a house owned by the parties...
Reversing. In a suit against the appellants as administrators of the estate of George Wireman, deceased, the master commissioner, to whom the matter of settlement had been referred, filed his report at the October term, 1923, showing a balance of $906.29 in their hands. The record shows that at the April term, 1925, the suit was dismissed on motion of the plaintiffs. Without the case being redocketed, an order was entered at the September term, 1930, confirming the commissioner's report, and...
Reversing. Previous to May 1, 1931, there existed in Owsley county a graded school organization known as "The Booneville Graded School District." In June, 1921, this graded school district voted a bond issue of $3,500, of which $3,000 remains unpaid. April 24, 1931, the trustees of this graded school had a meeting at which the following action was taken, as appears from the minutes kept: "Booneville, Kentucky, April 24, 1931. "The Booneville Graded School Board met at the County Superintendent'...
Affirming. This action in equity was instituted in the Lawrence circuit court by David Shepherd against Bertha Wilson and Lee Wilson, her husband, and in the petition as amended it is alleged that plaintiff is the owner of two tracts of land in Lawrence county which are described in the petition, and that the defendant Bertha Wilson is the owner of a tract of land in that county which is also described therein; that the two tracts of land owned by plaintiff adjoin the tract owned by defendant,...
