237 S.W.2d 511 (1951) ZOGG v. O'BRYAN (three cases). Court of Appeals of Kentucky. January 23, 1951. As Modified on Denial of Rehearing March 23, 1951. *512 Anderson & Anderson, and David C. Brodie, all of Owensboro, for appellants. Robertson & James, Woodward, Hobson, Bartlett & McCarroll, all of Owensboro, for appellees. John W. Beard, and John B. Anderson, of Owensboro, guardians ad litem for infant, Joseph Franklin Zogg. VAN SANT, Commissioner. These appeals are from a single judgment...
246 S.W.2d 447 (1951) YOST et al. v. RATLIFF et al. Court of Appeals of Kentucky. October 26, 1951. Rehearing Denied March 14, 1952. *448 O. T. Hinton, Baird & Hays and Francis M. Burke, Pikeville, for appellants. P. B. Stratton, Pikeville, Combs & Combs, Prestonsburg, Francis L. Rice, Pikeville, for appellees. CLAY, Commissioner. Appellee, Columbian Fuel Corporation, brought this interpleader action to have determined the proper distribution of royalties under three oil and gas leases. The...
243 S.W.2d 42 (1951) YELLOW CAB CO. OF ASHLAND et al. v. MURPHY et al. Court of Appeals of Kentucky. October 26, 1951. *43 Diederich & Lycan, and Browning & Gray, all of Ashland, for appellants. E. Poe Harris and Dysard & Dysard, all of Ashland, for appellees. STEWART, Justice. The Chesapeake and Ohio Railway Company entered into a contract with Yellow Cab Company of Ashland on March 31, 1950, whereby it granted to the latter the exclusive privilege of entering and using its depot grounds to...
239 S.W.2d 267 (1951) WOODARD v. CALVERT FIRE INS. CO. et al. Court of Appeals of Kentucky. May 4, 1951. Wade & Mapother, Louisville, for appellant. Mahan, Davis & Mahan, Edwin O. Davis, all of Louisville, for appellees. STEWART, Justice. Appellant, Johnnie J. Woodard, instituted this action in the Second Division of the Common Pleas Branch of Jefferson Circuit Court to recover from appellee, Calvert Fire Insurance Company, a corporation, on a contract of automobile collision insurance. The...
239 S.W.2d 489 (1951) WHITT et al. v. REED et al. Court of Appeals of Kentucky. April 24, 1951. Rehearing Denied June 8, 1951. *490 Goheen, Schultz & Shelbourne, Paducah, Henry Jack Wilson, Mayfield, for appellant. Flavious B. Martin, L. R. Smith Mayfield, for appellee. CLAY, Commissioner. This action was filed on behalf of a school child against the Symsonia School Principal, School Superintendent, Maintenance Supervisor, Janitor, and the members of the Graves County Board of Education, as...
240 S.W.2d 825 (1951) WESTCHESTER FIRE INS. CO. OF NEW YORK et al. v. GRAY. Court of Appeals of Kentucky. June 19, 1951. *826 Stoll, Keenon & Park, Lexington, Ogden, Galphin & Abell, Louisville, for appellants. C. W. Fulton, Flemingsburg, Andrew V. Fox, Maysville, for appellee. STEWART, Justice. On February 3, 1948, appellee, James E. Gray, procured two policies of fire insurance on his stock of merchandise in a country store at Sherbourne, Fleming County, Kentucky, each in the amount of $1,500,...
243 S.W.2d 676 (1951) WELLS v. FOX RIDGE MINING CO. Court of Appeals of Kentucky. November 9, 1951. A. G. Patterson, Pineville, for appellant. L. O. Siler, Williamsburg, for appellee. MOREMEN, Justice. This is an appeal from a judgment of the Bell Circuit Court in which an award of the Workmen's Compensation Board was affirmed. Appellant, Gill G. Wells, while employed by the appellee, Fox Ridge Mining Company, was injured on June 17, 1946. His chest was crushed, several ribs were broken, and...
244 S.W.2d 160 (1951) WELLS, Sheriff v. BOARD of EDUCATION of MENIFEE COUNTY et al. Court of Appeals of Kentucky. December 6, 1951. J. A. Richards and Daniel W. Doggett, Jr., of Owingsville, for appellant. Lewis A. White, Mt. Sterling, for appellee. CULLEN, Commissioner. In an action against the sheriff of Menifee County, the board of education of the *161 county sought a declaration as to the amount of compensation to which the sheriff was entitled for collecting the school taxes for the year...
237 S.W.2d 524 (1951) WEAKLEY et al. v. WEAKLEY. Court of Appeals of Kentucky. March 6, 1951. *525 William Gentry, Bardstown, for appellants. Fulton & Hubbard, Bardstown, for appellee. MOREMEN, Justice. Mrs. Octavia Weakley died testate, a resident of Nelson County, Kentucky. Her probated will reads: "This is my last will and testament in my own handwriting. I leave all real estate and personal property to my beloved son, L. M. Weakley, to do with as he sees fit. Then goes to my grandchildren...
238 S.W.2d 125 (1951) WAGERS et al. v. WAGERS. Court of Appeals of Kentucky. March 23, 1951. Roy House, Manchester, for appellants. Wm. Lewis, William J. Weaver, London, for appellee. LATIMER, Justice. W. O. Wagers instituted this action to quiet title against the claims of Ernest and Norma Wagers and to have an alleged cloud removed from his title. The defendants, by their counterclaim, alleged ownership of the boundary of land in dispute. The actual dispute is over the location of the...
240 S.W.2d 588 (1951) VONEYE v. TURNER et al. Court of Appeals of Kentucky. June 15, 1951. *589 Raymond C. Arny, Louisville, for appellant. Lawrence S. Grauman, Louisville, Marvin Snyder, Louisville, for appellees. Alan N. Schneider, Hensley & Logan, Thos. S. Dawson, Kenneth C. Davis, Robert E. Hatton, Thomas J. Wood, James W. Stites, all of Louisville, amici curiae. SIMS, Justice. For convenience we will refer to the parties as they appear in the trial court. A general demurrer was sustained...
240 S.W.2d 80 (1951) TURNER v. COMMONWEALTH. Court of Appeals of Kentucky. May 25, 1951. Joe S. Feather, Williamsburg, for appellant. A. E. Funk, Atty. Gen., Zeb A. Stewart, Asst. Atty. Gen., for appellee. SIMS, Justice. Louie B. Turner was convicted of striking Mrs. Myrtle Thacker with a deadly weapon with intent to kill her and his punishment was fixed at confinement in the penitentiary for 10 years. He assigns two grounds for reversal of the judgment: 1. Improper remarks in the opening...
243 S.W.2d 996 (1951) TRAVELERS FIRE INS. CO. v. BANK OF LOUISVILLE et al. Court of Appeals of Kentucky. May 18, 1951. Rehearing Denied December 21, 1951. *997 Doolan, Helm, Stites & Wood, Louisville, for appellant. Dodd & Dodd, Steinfeld & Steinfeld, and E. Paul Denunzio, all of Louisville, for appellee. STANLEY, Commissioner. Under the principle of estoppel to deny agency, the judgment imposes liability upon the appellant under a parol contract of fire insurance on a motor vehicle. The...
242 S.W.2d 747 (1951) TAYLOR v. TAYLOR. Court of Appeals of Kentucky. October 2, 1951. *748 Steinfeld & Steinfeld, Louisville, for appellant. Robert W. Meagher, Law Department, Louisville, for appellee. WADDILL, Commissioner. This case presents several important issues concerning the rights of the parties in the dissolution of the marriage relation. Mrs. Mary Lee Taylor appeals from a judgment dismissing her petition wherein she sought a divorce, maintenance, and alimony. The court was of the...
239 S.W.2d 73 (1951) TAYLOR et al. v. FARROW et al. Court of Appeals of Kentucky. April 24, 1951. Stoll, Keenon & Park, Lexington, J. Marvin McIntire, Flemingsburg, for appellant. Houston L. Wood, Maysville, for appellee. MOREMEN, Justice. John M. Purnell died testate, a resident of Fleming County, in 1942. His will read as follows: "Will and testament of John M. Purnell, Deceased. "Flemingsburg, Ky. August 12th, 1916 "I, John M. Purnell of the County of Fleming and State of Kentucky being of...
244 S.W.2d 482 (1951) TAYLOR v. BRADFORD et al. Court of Appeals of Kentucky. December 14, 1951. J. C. Bird, B. B. Snyder, Williamsburg, for appellant. R. L. Smith, W. L. Rose, Glenn W. Denham, Williamsburg, for appellees. CLAY, Commissioner. This suit was brought by appellant to recover damages for the removal of coal from a 125 acre tract of land in which she owns a 1/16th interest. The jury awarded her an amount approximating *483 the customary tonnage royalty on the coal produced. On this...
245 S.W.2d 914 (1951) STOUSE et al. v. FIRST NAT. BANK OF CHICAGO et al. Court of Appeals of Kentucky. November 16, 1951. Rehearing Denied February 29, 1952. *915 Percy N. Booth, Alexander G. Booth, Louisville, for appellant. Bullitt, Dawson & Tarrant, Doolan, Helm, Stites & Wood, Wyatt, Grafton & Grafton, Louisville, William P. MacCracken, Jr., Washington, D. C., Samuel R. Wells, Louisville, Laurens L. Henderson, Phoenix, Ariz., Loren N. Wood, New York City, for appellees. CULLEN, Commissioner....
237 S.W.2d 72 (1951) STEPHENS et al. v. ALLEN et al. Court of Appeals of Kentucky. March 2, 1951. *73 Joe Hobson, Prestonsburg, for appellants. Combs & Combs, Prestonsburg, for appellees. STANLEY, Commissioner. This appeal is from judgments entered in 14 consolidated suits denying the removal of John Allen as agent or trustee for the owners of operating and producing gas wells. The plaintiffs, D. C. Stephens and his wife, Mrs. Dora Stephens, own fractional minority interests in the several...
236 S.W.2d 914 (1951) SMITH v. BEVERLY et al. Court of Appeals of Kentucky. February 16, 1951. *915 Kinsolving & Reasor, Shelbyville, for appellant. John M. Berry, L. T. Peniston, John W. Coomes, New Castle, for appellees. *916 STEWART, Justice. The issues to be decided by this Court are raised entirely by the pleadings of appellant, Bert Smith, in this appeal from a judgment adversed to him in a suit in equity in the Henry Circuit Court against Charles A. Beverly, W. E. Stone, H. T. Watkins...
236 S.W.2d 466 (1951) RUDY et al. v. ELLIS et al. Court of Appeals of Kentucky. January 30, 1951. Thacker & Sweeney, Hubert Meredith, Thomas E. Sandidge, all of Owensboro, for appellants. E. B. Anderson, David C. Brodie, Owensboro, for appellees. HELM, Justice. George H. Rudy, by the seventh clause of his will, devised a 335-acre farm in Daviess County as follows: "I devise and bequeath to my said son during the whole of his natural life with remainder in fee in equal shares to his lawful issue...
