Affirming. This appeal is from a judgment sustaining a demurrer to a petition filed by the appellant, the effect of which is to uphold the constitutionality of the Wage and Hour Law as to women and minors, KRS 337.210 to 337.410 . Appellant is engaged in the dry cleaning business in Lexington and is an employer of women and minors. He maintains that the authority granted by this act is a delegation of legislative authority by the General Assembly in violation of sections 60 and 59(29) of the...
Reversing. Hortense Young was a candidate for one of the *Page 83 three offices of member of the Board of Education of Louisville at the 1946 election. Her name had been placed on the labels of the voting machines, which are used exclusively in Louisville. KRS 125.060. By the canvass and returns of precinct election officers (KRS 125.150) it was shown that four other candidates had severally received more votes than Mrs. Young. Within the 96 hours stipulated in KRS 125.190 , Mrs. Young, in...
Affirming. D.L. Wright, appellee, having recovered, under writ of habeas corpus proceedings, judgment for possession of the child of himself and of his former wife, Lila Lee Wright, appellant, the latter now brings us this appeal under provisions of Sec. 429-1, Ky. Code Criminal Practice, as extended by Acts of 1940. Mrs. Wright contends that the chancellor's judgment is manifestly erroneous when considered specifically in relation to the welfare of the child itself, which is a little girl of 4...
Reversing. This is an appeal from a judgment of the Shelby circuit court reversing and setting aside a judgment of the Shelby county court closing a section of a county road known as the Harrodsburg-Drennon road, located in the northern portion of Shelby county. At the point in question, the road runs in a north and south direction and connects on the north with State Highway No. 43, which runs in an east and west direction, and on the south with a county road known as the Cropper-Cull road....
Affirming. W.H. Wooten brought this action to enjoin Harriet Ratliff from trespassing on his land. He alleged in his petition that he was the owner of a tract of land located on Marrowbone Creek in Pike County which he purchased from the Pike County Board of Education March 14, 1944; that the defendant without right, title or authority had gone upon the land and erected two residences; and was then erecting a fence across his land and attempting, to appropriate a portion of it. The defendant...
Affirming. Ruby Mae Shumate, appellee employee, obtained judgment in Jefferson Circuit Court against Wood-Mosaic Company, appellant employer, for total and permanent disability benefits provided under the Workmen's Compensation Law. The employer now appeals. In rendering its judgment for these benefits, the trial court reversed a decision of the Workmen's Compensation Board which had previously awarded total and permanent disability compensation only to the extent of 50% of the full amount...
Affirming. *Page 742 In February, 1942, Kenneth M. Brown suffered a compound fracture to his left arm some three or four inches above the elbow. The muscles at the point of the fracture were almost completely severed and the nerves were injured. The fracture did not unite properly and there is considerable callousness around it. The arm is about one-third larger than normal at the point of the fracture. In September, 1943, the Workmen's Compensation Board found that Mr. Brown was totally and...
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 33 Reversing. Appellants, Lee Witt, Willie Mason, Charlie Mason, and Henry Earl Haste, have appealed from a judgment of conviction of manslaughter under an indictment charging them with the murder of Chester Portman. Each received a sentence of seven years' confinement in the State Reformatory. We will review the evidence as briefly as possible. Willie Mason...
Reversing. Appellant and others of her family, who owned a farm in Mublenberg County, sought to recover of defendant (appellee) the value of a field of lespedeza and one haystack destroyed by fire on January 31, 1944. It was alleged that defendant's railroad tracks passed through the farm, and that around 2:00 p. m. one of defendant's trains was going northwardly, and sparks from the engine were thrown on the 16 acre field resulting in the burning of the field of hay and one stack. The...
Affirming. Some time in July 1946, appellee, who was plaintiff below, slipped and fell while in the Lloyd Cafe, operated by appellants, and received a rather severe injury to his right arm and hand. In his petition he alleged that he went to the restaurant for food, and defendant's agents and servants were mopping the floor, using water and soap or some other slick substance, causing plaintiff to fall; that in attempting to catch the fall he caught his hand in some glass or other sharp...
Affirming. An indictment returned by the grand jury of Wolfe County charged Estill Wilson and Ernest Banks with the murder of Virgil Wilson. On his separate trial Estill Wilson was found guilty of voluntary manslaughter, and his punishment fixed at imprisonment for a *Page 653 term of ten years and one day. Reversal of the judgment is sought on one ground, viz., the evidence was insufficient to take the case to the jury and the trial court erred in overruling the accused's motion for a directed...
Appeal denied; Judgment affirmed.
Affirming. Appellant Charley Williams, was indicted for the murder of Thurman Howard and was convicted of voluntary manslaughter. His punishment was fixed at confinement in the penitentiary for two years. On this appeal he urges for reversal that the verdict was not sustained by the evidence and appears to have been the result of passion and prejudice on the part of the jury. The facts out of which this homicide arose are substantially as follows: The deceased, Thurman Howard, and his three...
Affirming. We are presented with an appeal from a conviction of murder, with the death penalty imposed. There was no defense offered in the trial and the attorneys representing the accused, under appointment of the court, do little more than submit the case that we may examine the record for error. We have done so and find it exceptionally free. When her son and his wife returned home about half past ten o'clock one Sunday evening in September last, his mother, Mrs. Ada Hughes, was not in. She...
Affirming. Cleve Williams has been convicted of the crime of carrying concealed upon or about his person a deadly weapon other than an ordinary pocket knife, and sentenced to confinement in the state penitentiary for a term of three years. The evidence established that the accused was carrying a razor concealed in his coat pocket. The evidence for the Commonwealth was to the effect that Williams forcibly took a purse containing about $44 from one Jake Green, and then drew the razor from his...
Affirming. Appellant was convicted of the offense denounced by KRS 435.170 (2), wilful and malicious cutting, striking or stabbing of another with a knife or other deadly weapon with intent, etc., and given a sentence of imprisonment for two years, the minimum penalty. On appeal it is contended that his rights were substantially prejudiced by the failure of the court to instruct the jury on the effect of his claim that he had abandoned the admitted difficulty; (2) to define by instruction the...
Affirming. The parties will be referred to as they appeared in the trial court. The chancellor sustained a special demurrer to the petition of plaintiff, Gaines Williamson, and to the intervening petition of Alex Patterson. Upon their refusal to plead further their petitions were dismissed and plaintiffs appeal. *Page 736 Alleging that he is a member of the Bell County Democratic Executive Committee and that he is suing for himself and all others similarly situated, Williamson filed his...
Reversing. In this opinion the parties will be referred to as plaintiffs and defendants. This declaratory judgment action was instituted by the Board for Louisville and Jefferson County Children's Home (hereinafter referred to as the Board or as the Home) and its Superintendent, Henley V. Bastin, against John Fred Williams, Superintendent of Public Instruction of the Commonwealth, and the Kentucky State Board of Education to test the constitutionality of Chaper 198, page 531 of the Acts of 1946,...
Affirming. We have before us a controversy concerning a passway. The Wilkins acquired title to the farm over which the involved passway leads on December 31, 1943, just five months before bringing this action to enjoin the appellees, Niebergers, from using the passway. The Wilkins' immediate grantors purchased the farm from Alice *Page 663 S. Hallam on January 17, 1929. In their petition the Wilkins stated that the defendants, Nieberger and wife, without right or authority by law, but against...
Reversing. Appellee, John M. Lee, filed a Petition in equity against appellant, Grant Wilder, in the Bell Circuit *Page 145 Court in which he averred that he was the owner in fee and in the actual possession of a tract of land which his pleading described by metes and bounds but did not give the number of acres; that Wilder was claiming the land and Lee asked that his title be quieted against Wilder's claim. The answer, after traversing the averments of the petition, described a boundary of 150...
