234 S.W.2d 312 (1950) WORKS v. WINKLE. WINKLE v. WORKS. Court of Appeals of Kentucky. November 17, 1950. *313 Orie S. Ware, James C. Ware, and Frank Grofton Ware, all of Covington, for Works. James R. McGarry, Ralph P. Rich, Covington, for Winkle. VAN SANT, Commissioner. William E. Works, appellant in the first styled appeal, and appellee in the second, will be referred to as appellant; Ernest Winkle, appellee in the first appeal and appellant in the second, will be referred to as appellee. In...
231 S.W.2d 39 (1950) WILSON et al. v. BATES et al. Court of Appeals of Kentucky. June 13, 1950. Terry L. Hatchett, George J. Ellis, Jr., Frank W. Jones, all of Glasgow, for appellants. G. D. Milliken, Jr., Bowling Green, Cass R. Walden, Edmonton, Paul Carter, Tompkinsville, for appellees. HELM, Justice. On June 22, 1947, Dr. J. C. Bates and his wife, Ethel P. Bates, of Tompkinsville, were shot and killed by their son, Robert J. Bates. Robert J. Bates was charged in separate indictments with the...
236 S.W.2d 690 (1950) 314 Ky. 634 WELCH v. L. R. COOKE CHEVROLET CO. Court of Appeals of Kentucky. December 5, 1950. Rehearing Denied March 9, 1951. Stoll, Keenon & Park, Lexington, for appellant. Wm. B. Gess, Lexington, for appellee. HELM, Justice. On January 15, 1947, appellant, John D. Welch, delivered his 1938 Chevrolet automobile to appellee, L. R. Cooke Chevrolet Company, for repairs. On January 21, *691 1947, appellee's garage and 33 automobiles, including appellant's automobile, were...
229 S.W.2d 973 (1950) 312 Ky. 812 TYE v. TYE. Court of Appeals of Kentucky. May 9, 1950. L. O. Siler, R. L. Brown, and Joe S. Feather, all of Williamsburg, for appellant. T. E. Mahan, Williamsburg, C. B. Upton, Williamsburg, for appellee. KNIGHT, Justice. Judge H. H. Tye, 80 years of age, a well known member of the Kentucky Bar for more than 50 years, died a resident of Whitley County on July 3, 1948. By his will here in controversy, he disposed of an estate with an appraised value of...
232 S.W.2d 1006 (1950) TURNER et al. v. SMITH. Court of Appeals of Kentucky. June 20, 1950. Rehearing Denied October 31, 1950. *1007 W. E. Faulkner, Hazard, C. A. Noble, Hazard, for appellants. Don A. Ward, Hazard, for appellee. CAMMACK, Justice. Norman Smith instituted this action against John Gross and Paul Turner and the Standard Accident Insurance Company, surety on Turner's bond, to recover damages for personal injuries which he alleged he sustained when he was arrested by Gross and Turner,...
227 S.W.2d 189 (1950) 312 Ky. 255 TIME FINANCE CO. v. NELSON et ux. Court of Appeals of Kentucky. February 14, 1950. Terrell, Schultzman & Moore, Paducah, for appellant. Chas. A. Williams, Paducah, for appellees. MORRIS, Commissioner. Appellant sought to recover of appellees, Nelson and wife, $300 which they had borrowed of appellant. Defendants filed a special demurrer to the petition setting out that Nelson had filed bankruptcy proceedings and had turned over all his assets to *190 the...
229 S.W.2d 433 (1950) 312 Ky. 632 TERRELL et al. v. TRACY et al. Court of Appeals of Kentucky. April 21, 1950. Joe S. Feather, Williamsburg, for appellants. Thomas F. Young, Corbin, for appellees. STANLEY, Commissioner. The question is the sufficiency of a petition seeking damages and removal of an advertising sign on a sidewalk in front of plaintiff's business. The petition was dismissed after a demurrer was sustained to it. We summarize the allegations. The plaintiff conducts a retail store...
234 S.W.2d 152 (1950) TENNESSEE GAS TRANSMISSION CO. v. MILLION et al. Court of Appeals of Kentucky. June 23, 1950. Rehearing Denied December 8, 1950. *154 Hazelrigg & Cox, Frankfort, R. Vincent Goodlett, Frankfort, John Noland, Richmond, for appellant. George T. Ross, Richmond, for appellees. VAN SANT, Commissioner. The action was instituted by appellant, Tennessee Gas Transmission Company, to condemn an easement for use and occupancy of a right of way 8,243 feet in length, and an easement of...
232 S.W.2d 347 (1950) SWANGO et al. v. SWANGO'S ADM'R et al. Court of Appeals of Kentucky. May 26, 1950. W. L. Kash, Irvine, Roger Womack, Carlisle, for appellants. Eldon S. Dummit, Lexington, Henry Howe Bramblett, Mt. Sterling, William Conley, Carlisle, for appellees. CLAY, Commissioner. In this declaratory judgment proceeding the question is whether or not the Chancellor properly construed the provisions of a will. In 1935 Dr. L. K. Swango died, leaving a will which provided, in so far as...
227 S.W.2d 202 (1950) 312 Ky. 338 STURGEON et al. v. BAKER et al. Court of Appeals of Kentucky. January 20, 1950. As Modified on Denial of Rehearing March 17, 1950. Wm. G. Reed, Carrollton, for appellants. Harlan Heilman, Carrollton, for appellees. STANLEY, Commissioner. This is an action by the widow and minor child of Marshall Sturgeon to recover damages for his death under the terms of KRS 411.150. It is alleged that on February 29, 1948, the defendant, Phillip Baker, shot and killed...
228 S.W.2d 455 (1950) STILES v. REDA. Court of Appeals of Kentucky. March 24, 1950. *456 T. E. Moore, Jr., Hazard, for appellant. Don A. Ward, Hazard, for appellee. CLAY, Commissioner. In this proceeding for a declaration of rights, the Chancellor adjudged a certain provision in an employment contract void and unenforceable, apparently on the ground that it constituted an unreasonable restraint of trade. Appellant Stiles owns a jewelry business in Hazard, and in connection therewith does watch...
231 S.W.2d 70 (1950) STEWART v. MORRIS et al. Court of Appeals of Kentucky. March 24, 1950. Rehearing Denied June 23, 1950. Leslie W. Morris and Marion Rider, Frankfort, for appellant. Kingsolving & Reasor, Shelbyville, for appellees. SIMS, Chief Justice. In this declaratory judgment action we are asked to construe the will of W. J. Stewart who died on April 9, 1948, a resident of Shelby County, Kentucky, and left an estate consisting of 7 acres of land and some personal property, all of which...
229 S.W.2d 319 (1950) 312 Ky. 615 STEINFELD, County Attorney, v. JEFFERSON COUNTY FISCAL COURT et al. Court of Appeals of Kentucky. April 18, 1950. Lawrence G. Duncan, Louisville, Lawrence S. Poston, Louisville, for appellants. Edwin H. Stierle, Louisville, for appellees. VAN SANT, Commissioner. We are asked to determine whether the Jefferson County Fiscal Court legally may appropriate money to the Jefferson County Police Department for the purchase of uniforms which at all times shall remain...
234 S.W.2d 722 (1950) STATE OF OHIO ex rel. DUFFY, Atty. Gen. v. ARNETT. Court of Appeals of Kentucky. October 24, 1950. As Extended on Denial of Rehearing December 15, 1950. *723 Herbert S. Duffy, Columbus, Ohio, Stanley Powell, Berea, for appellant. William E. Francis, Lexington, George T. Ross, Richmond, for appellee. KNIGHT, Justice. Appellant, the State of Ohio, by its attorney general and special counsel employed in Kentucky by him, filed this action against the appellee to recover...
234 S.W.2d 728 (1950) STANDARD ACCIDENT INS. CO. OF DETROIT v. ROSE. Court of Appeals of Kentucky. December 5, 1950. Craft & Stanfill, Hazard, and Williams & Allen, Jackson, Smith & Leary, Frankfort, for appellant. Grannis Bach, Jackson, for appellee. KNIGHT, Justice. On July 2, 1947, appellee, Green Rose, entered into a contract with E. L. Powers doing business as Powers Brothers Construction Co., hereinafter referred to as Powers, whereby the latter agreed to construct two dwelling houses on...
232 S.W.2d 999 (1950) SOUTHERN QUARRIES & CONTRACTING CO. et al. v. HENSLEY. STANDARD ACCIDENT INS. CO. v. HENSLEY. Court of Appeals of Kentucky. June 20, 1950. Rehearing Denied October 27, 1950. *1000 Howard Van Antwerp, Jr., Ashland, Baird & Hays, Pikeville, for appellants. G. R. Blackburn, Huddy, J. W. Copley, Williamson, W. Va., for appellee. KNIGHT, Justice. Appellee was injured on June 11, 1947, while employed by appellant, Southern States Contracting Company, hereinafter called the "...
234 S.W.2d 501 (1950) SHOENBERG et al. v. LODENKEMPER'S EX'R et al. Court of Appeals of Kentucky. November 21, 1950. Hargadon, Bennett & Lemaire, Louisville, for appellants. Ben F. Washer, Louisville, Ky., for appellee, Liberty Nat. Bank & Trust Co., executor. James Walter Clements, Louisville, Ky., for appellees, Rudy J. Bouteiller and others. *502 VAN SANT, Commissioner. Rose Lodenkemper, by will, made certain specific bequests which are not in controversy. She disposed of the residue of her...
230 S.W.2d 439 (1950) 313 Ky. 157 ROMANS et al. v. DUKE et al. Court of Appeals of Kentucky. March 10, 1950. Rehearing Denied June 23, 1950. Myers, Bilyeu & Chyle, Morgantown, W. O. Bilyeu, Bowling Green, Leland H. Logan, Bowling Green, for appellants. Rodes Bratcher, Morgantown, Earl F. Martin, Hartford, Otto C. Martin, Hartford, for appellees. CLAY, Commissioner. In this motor vehicle collision case, appellee recovered a $10,300 judgment for personal injuries. Appellants' principal contention...
227 S.W.2d 899 (1950) 312 Ky. 405 ROBERTSON et al. v. HERT'S ADM'RS et al. Court of Appeals of Kentucky. March 3, 1950. *900 Samuel R. Wells, Louisville, Peter, Heyburn & Marshall, Louisville, for Robertson. James H. Cartwright, Chicago, Ill., Winston, Strawn, Shaw & Black, Chicago, Ill., for Kuehn, individually & U. S. Creosoting Co. Charles I. Dawson, Louisville, Thomas S. Dawson, Louisville, Bullitt, Dawson & Tarrant, Louisville, Loren N. Wood, New York City, Wood, Molloy, France & Tully,...
231 S.W.2d 57 (1950) RITCHIE et al. v. KATY COAL CO. et al. Court of Appeals of Kentucky. June 13, 1950. *58 Don A. Ward, Hazard, D. B. Wooton, Hazard, for appellants. M. B. Fields, C. C. Wells, T. E. Moore, Jr., all of Hazard, for appellees. KNIGHT, Justice. Everett Ritchie was killed on January 6, 1949, in an accident in a coal mine where he was employed by the Katy Coal Company. There was a contest before the Workmen's Compensation Board as to who were his dependents, there being six...
