Affirming. This is an appeal from a judgment of the Harlan Circuit Court affirming an award of the Workmen's Compensation Board. Berry Jones, an employee of the Yocum Creek Coal Company, received serious injuries in an accident arising out of and in the course of his employment. The Board *Page 336 found that he had been totally and permanently disabled, and awarded him compensation at the rate of $15 a week, beginning July 22, 1944, for a period not exceeding 10 years and not to exceed $7,500....
Reversing. Appellant, Paul Yeary, and his wife, appellee, Georgia Yeary, entered into a separation agreement on the 5th day of July, 1946, whereby appellee relinquished all rights or claims of any kind or nature against appellant or his estate arising or growing out of their marriage relationship. She likewise relinquished any claim for custody of their two children who at the time were five and two years of age respectively. In the agreement she admitted that she had abandoned his home, and...
Affirming. For convenience appellant, Edwin N. Yeary, will be *Page 685 referred to herein as Yeary; the appellee, Union Transfer Storage Co., as Union; and the Director of the Division of Motor Transportation will be called Director. This action involves the right of Yeary to pick up freight in Lexington and deliver it in Louisville, and to pick up freight in Louisville and deliver it in Lexington. The Director held Yeary had this right under his certificate No. 144, whereupon Union appealed...
Reversing. This appeal involves the title to a small tract of land in Floyd County. The land was formerly owned by Mrs. Mary Lawson, and, while it appears to have changed hands several times in 1938 and 1939, the only deed filed with the record was one executed by Mrs. Lawson to the appellant, Wince Yates, in June, 1938. According to the statements in the brief for the appellant, which we are disposed to accept as correct, in view of the fact that counsel for appellees has filed no brief, Mrs....
Affirming. This is a divorce action in which the wife, who was plaintiff below, is not satisfied with the judgment of the chancellor. She complains of the amount of alimony granted her in the sum of $800; the disposition of the custody of the children; and the amount of $25 per month allowed for the support of each of the two children placed in her custody. After a divorce was granted her and pending this appeal, appellant married Henry Wright. To avoid confusion, we will refer to Mrs. Wright...
Affirming. In this action for damages for personal injuries to appellant, Kenneth Wright, the trial court directed a verdict in favor of appellee, Albert Hickman, at the conclusion of all the evidence. The sole ground upon which a reversal of the judgment dismissing the petition is sought is there was sufficient evidence to take the case to the jury. A correct determination of this question requires a brief review of the evidence. On Feb. 14, 1947, Kenneth Wright, a 16 year old boy, was riding...
Affirming. The appellant, Booker Wright, has been convicted of voluntary manslaughter for the killing of his sister-in-law, Lizzie Adkins, and sentenced to twenty-one years' imprisonment. In the late afternoon of November 2, 1947, Wright's wife, her sister, who had lived with the Wrights since childhood, and two of his sons by a former marriage followed Wright in an automobile with a young woman named Samone Greer. In order to elude his wife, according to Samone, Wright turned off the highway...
Reversing. We sustain the motion for an appeal from a judgment for $265 for damages to wearing apparel and a slight injury to the person, suffered in an unusual way. Mrs. Jean Ochs, with her small child and a companion, was awaiting a bus at the southwest corner of Jefferson and Fourth Streets, in Louisville, one afternoon in May, 1946. They were at the north end of the Marion E. Taylor Building, which is owned by the appellant, Wright Taylor, Inc. A bottle containing a dark brown substance and...
Appeal denied: Judgment affirmed.
Affirming. On April 2, 1947, the grand jury of Jefferson County returned a joint indictment against Daniel T. McPeak, Jasper Nease, and appellant, Herbert Workman, in which they were accused of jointly committing the offense denounced by KRS 433.140 , that of robbery of another *Page 118 with the use of a deadly weapon, their victim being Vernon Hodge. They were arraigned before the court and each of them entered a plea of not guilty, following which, on their motion, they were tried separately....
Affirming. This case is before us for the second time. On the former appeal the judgment was reversed upon the ground that a plea of limitations could not be made by motion but must be set up by answer. The action, upon an open merchandise account, was commenced November 11, 1944. This was more than 7 years after the date of the last sale and delivery as shown by the account. A repetition of the historic background of the case is unnecessary as same may be found in the opinion on the former...
Affirming. Appellants, as plaintiffs below, brought this action to quiet the title and for complete and full possession of a tract of land which they alleged was set apart as a burial ground. *Page 581 Sometime in the early part of the 19th Century George E. Yost, one of the early settlers of that section of the country, set aside a small tract of land as a "meeting place" for such as might care to worship there. A church and school were built on this land. It appears that principally two...
Affirming. This is an appeal from a judgment dismissing a petition after a demurrer to it had been sustained and the plaintiff had declined to plead further. Aubrey Woehrle, plaintiff below and appellant here, alleged in substance in his petition that on May 1, 1946, Gene Beeber, agent of the American Compressed Steel Corporation, contracted to pay him 60c per 100 pounds for certain scrap steel delivered to the American Compressed Steel Corporation and 50c per 100 pounds for the scrap steel...
Affirming. Under an indictment charging him with carrying concealed a deadly weapon appellant was convicted and sentenced to serve two years in the state reformatory. He urges two grounds for reversal both of which are based on the same alleged error: (1) the Court erred in sustaining the Commonwealth's objection to the evidence offered by appellant in support of his only affirmative defense, to wit: that he was a peace officer at the time mentioned in the evidence, therefore, was expressly...
Affirming. Appellant, Mrs. Sadie Wise, sought to recover of appellee, C.E. Fannin, doing business as Blue Ribbon Lines, the sum of $2,565 for personal injuries alleged to have been received by her while boarding a bus of appellee in Ashland. At the conclusion of appellant's evidence the court sustained appellee's motion for a directed verdict and Mrs. Wise appeals. Appellant's proof shows that on Feb. 10, 1946, she went to Thirteenth Street in Ashland where she found a bus of appellee parked in...
Affirming. *Page 843 This is an appeal from a judgment dismissing the plaintiff's petition as amended after a demurrer thereto had been sustained and the plaintiff had declined to plead further. John Wilson brought an action against the Williams Coal Company to recover damages in the sum of $50,000 alleged to have resulted by reason of the fraud, deceit and misrepresentation of the defendant. It is alleged in the petition that the plaintiff is a coal miner and was employed by the defendant on...
Affirming. The appellant, Martha B. Wilson, as plaintiff below, sought to recover damages for personal injuries, loss of time, and medical and hospital expenses growing out of an accident while transferring from the train of the appellee, Pennsylvania Railroad Company, at Indianapolis, Indiana. Appellant had purchased a ticket for transportation from Louisville to New York over the line of appellee via Indianapolis. She boarded the train at the 10th and Broadway Station in Louisville. The train...
Affirming. Union Grocery Company, a corporation, operated a wholesale grocery business in the city of Greenup, Kentucky, which it conducted a number of years prior to May 12, 1928. On that day a meeting of all of its stockholders voted to dissolve and reorganize. At the same time, and in the same resolution, it appointed three of its stockholders as trustees to wind up the business of the corporation and liquidate its affairs preparatory to a reorganization, but whether or not it was ever...
Reversing. Chester Wilson and others, the appellants, as taxpayers of Graves County, filed suit under declaratory judgment law against Graves County Board of Education and others, the appellees, asking a declaration of rights under existing statutes and seeking a mandatory injunction against the Board's members. The chancellor having determined the rights in favor of the Board and having refused the mandatory injunction, the taxpayers are appealing. Appellants contend that the chancellor's...
Reversing. On April 7, 1947, T.J. Taylor, Police Judge of the city of Liberty, Kentucky, issued a warrant for the arrest of the appellant, R.D. Williams, in which he was charged with driving an automobile on State Highway No. 70 in the town of Liberty while drunk. On the same day appellant appeared before the city judge and entered a plea of guilty to the charge made in the warrant, whereupon he was fined the sum of $100 and costs. On April 10, three days after the police court judgment was...
