Reversing. *Page 476 The appellee, Abbie Teague, instituted this action to recover for overtime while employed by the appellant, W. W. Mac Company, under the Women and Minors' Employment Act. Chapter 105, Acts of 1938 (more specifically KRS 337.360 ). The jury allowed her for the overtime claimed from June 1, 1939, to the end of the second week of April, 1941. Her attorneys were allowed a fee of $250. In urging reversal the appellant contends the appellee was the manager of its chain store in...
Reversing. On October 24, 1939, The Workingmen's Perpetual Building Loan Association filed its petition in equity, No. 41905, in the Kenton Circuit Court against Mr. and Mrs. Harry W. Stephens, Mr. and Mrs. O.M. Rogers, the City of Covington, the County of Kenton, and the State of Kentucky to enforce payment, with interest, of the unpaid balance of $809.45 of a $1500 note which had been executed to it by Mr. and Mrs. Stephens on July 11, 1929. The governmental agencies mentioned were made...
Overruling Motion. The case is submitted upon a motion of the appellee to reverse or set aside an order of the Circuit Court continuing a temporary injunction pending the decision on the merits. Ordinarily such motions are disposed of without an opinion, but in view of the apparent confusion among some members of the bar concerning the construction of Section 747 of the Civil Code of Practice, as it relates to the suspension of injunction judgments pending an appeal, we believe it may be...
Affirming. The action was instituted by appellants, Lorenzo K. Wood and Chloe Smith Wood, his wife, seeking an injunction to prevent appellee, Albert P. Williams, from performing any act which would result in the discontinuance of appellee's use of a private water service line extending from the main supply line of the Town of Anchorage Water System through appellee's property into appellants' residence and outbuildings. In the year 1900 Amanda Bernheim became the owner of a large boundary of...
Affirming. During the spring of 1943, judgments were entered in separate actions instituted by appellee enjoining appellants from operating taxicabs for hire between points on the highway covered by appellee's franchise except where they had "made a previous engagement to pick up a passenger at a given point on said road," and in returning "said passenger or passengers to the original point where first picked up under said agreement." The validity of these judgments is not questioned on this...
Affirming. Having succeeded, after several attempts, in borrowing a shotgun with which to go "squirrel hunting," appellant, in the early morning hours of June 20, 1943, repaired to the house occupied by his mother and John Kilburn and was greeted with lasts from a shotgun fired through the door by Kilburn, who was in his night clothes. In attempting to open the door, appellant "punched" it with the muzzle of the borrowed weapon, whereupon, it was "accidentally" discharged through the door,...
Affirming. The chancellor construed the following will of Cora D. Wilson as giving the first taker, the mother of the testatrix, a life estate in her house and lot, with a valid remainder over: II "* * * (1) I give and devise my house and lot, known as No. 224 East Gray Street, Louisville, Kentucky, to my mother, Fannie L. Wilson. She is to have full right and power to sell or to encumber said property should she so desire, but in the event she still owns it at the time of her death, then said...
Affirming. George T. Fisher died testate December 17, 1940, a resident of Middlesboro, Ky., the owner of four separate parcels of real estate located therein. He was survived by his widow, Bertha Fisher, and five heirs at law, to-wit: Two adult daughters, Billie P. Fisher and Lillian Fisher Whitaker, the issue of a first marriage with Helen Fisher from whom he had been divorced; two infants, Thelma and George Kyle Fisher, the issue of his second marriage with Bertha Fisher, and a grand-daughter,...
Reversing. Alexis Abbott died testate in August, 1934. He devised to his wife, Lillie Abbott, a life estate in a portion of his real estate, appointed her executrix of his will, and empowered her as such executrix to sell and convey all of his real estate. On April 16, 1941, she offered in writing to sell and convey a strip of land consisting of approximately 7 acres for $40 an acre, payable in cash upon delivery of deed. The 7-acre strip is located on the south side of U.S. highway No. 42 in...
Affirming. On the first appeal, which is cited in 294 Ky. 520 , 172 S.W.2d 202 , 205 , we held that, under the Fair Labor Standards Act of 1938, 29 U.S.C.A. sec. 201 et seq., and KRS 352.530 , a labor union, in this instance the United Mine Workers of America, can be sued by a check weighman to recover compensation for overtime, if actually employed by the Union itself. The judgment holding to the contrary was reversed, with directions to the lower Court to overrule the three special demurrers...
Affirming. W.E. and Jesse Davis were plaintiffs below and appellant, Amanda Bach, Mattie Redwine and Jackson Building Supply Company, defendants. In a petition filed in 1942, in a form seeking a declaration of rights, practiced as an equity suit, it was alleged that the Supply Company was incorporated in 1922 with an authorized capital of $25,000 common and an equal amount of preferred stock. There were issued in amounts, $24,300 common and $14,815 preferred. The holdings of stockholders at...
Affirming. An indictment was returned by the Grand Jury of Bell County at the regular May, 1944, term of the Bell Circuit Court against Chester Williams, charging him with the crime of storehouse breaking. This indictment also alleged a former conviction and sentence in the penitentiary for one year. In the same term of court, in which the above indictment was returned, he was tried, convicted and sentenced to two years in the State Penitentiary, from which he appeals to this Court and urges as...
Affirming. Charles Balmut and his wife, Louise Balmut, were injured when their car, being driven by Mr. Balmut at a moderate rate of speed, was struck by a truck owned by appellant, Black Star Coal Company, and being operated by its agent, employee, and coappellant, Lucian Williams, at a speed of approximately 75 miles per hour. The Balmuts were traveling in an easterly direction, Williams in a westerly direction; the collision occurred on the south (Balmut's) lane of U.S. Highway No. 60 in...
Reversing. Appellee, Charles Balmut, and his wife, Louise Balmut, were injured when their car, being driven by Mr. Balmut at a moderate rate of speed, was struck by a truck owned by appellant, Black Star Coal Company, and being operated by its agent, employee, and coappellant, Lucian Williams, at a speed of approximately 75 miles per hour. The Balmuts were traveling in an easterly direction, Williams in a westerly direction; the collision occurred on the south (Balmut's) lane of U.S. Highway No....
Affirming. This Court decided in the case of Phillips et al. v. Williamson et al., 184 Ky. 396 , 212 S.W. 121 , that Sarah J. Williamson, second wife of James H. Williamson, took a life estate, with the remainder to her children and the children of her husband in a 211 acre tract of land conveyed to her and her heirs and the heirs of James H. Williamson, in 1869. An examination of the opinion in that case will furnish the background for the case now before us. The opinion shows also that Sarah...
Reversing. Charles Wilcher was convicted of the crime of rape and sentenced to death. He seeks a reversal of the judgment on three grounds: (1) His constitutional rights were denied him when the trial judge gave additional instructions to the jury and received the verdict in the absence of his counsel; (2) the additional instructions given in the absence of his counsel and after the jury had retired to consider their verdict were prejudicial to his substantial rights; and (3) the court erred in...
Affirming. In November, 1915, the appellant, Richard Wilburn, and the appellee, Ida Wilburn, were married and lived together as husband and wife until March 23, 1935, when the wife became insane and was adjudged so on an inquisition duly held for that purpose. Pursuant thereto she was confined in Eastern State Hospital at Lexington, Kentucky, where she remained as a patient of that institution until in September, 1942, when she was restored by another inquisition held for that purpose. *Page...
Reversing. The question is interesting and novel in this jurisdiction. May a widow recover her statutory share in her husband's estate where he had made a contract before marriage to devise his entire estate to others, which contract became a judgment As a settlement of property rights in anticipation of a divorce, Morris Wides made a contract in June, *Page 105 1937, to pay his then wife, Leah O. Wides, certain sums of money and personal property, and in addition: "It is further understood...
Affirming. A train of the appellee Railroad Company struck a truck belonging to the appellant, A.M. Whitney, doing business as Whitney Transfer Company, at Brandenburg, in November, 1936. We reversed a judgment rendered on a directed verdict for the defendant in an action by Whitney against the Railroad Company for the value of the truck. Whitney v. Louisville N. Railroad Company, 282 Ky. 392 , 138 S.W.2d 503 . The Railroad Company made a compromise settlement of a claim by the administratrix...
Affirming. R.D. Emerson was owner of a small tract of land near the village of Sedalia in Graves County, and in 1914 he and others established "Emerson Sub-Division," and held a sale of lots. His part of the sub-division included about 6 acres divided into 54 lots, each 25 feet wide and 182 feet deep. Twenty-seven fronted on the highway which ran east and west, and a like number in the rear of an alley faced Emerson Street. Emerson had sold many of these lots to various purchasers and had in...
