264 S.W.2d 267 (1954) ZEITZ v. FOLEY. Court of Appeals of Kentucky. January 29, 1954. *268 Patrick S. Greene, Louisville, for appellant. L. Lyne Smith, Jr., Woodward, Hobson & Fulton, Louisville, for appellee. DUNCAN, Justice. The judgment in favor of appellee is for $5,000 upon a promissory note. The appellant defended on the ground of illegal consideration and, upon the appeal, is insisting inter alia that the court should have peremptorily instructed a verdict in his favor and that the...
264 S.W.2d 673 (1954) WRIGHT v. KINSLOW et al. (two cases). Court of Appeals of Kentucky. February 5, 1954. *674 Richard L. Garnett, Glasgow, for appellants. Terry L. Hatchett, Marion Vance, Glasgow, for appellees. WADDILL, Commissioner. In these actions which were consolidated for trial, Ralph Wright and Norman Wright prosecute this appeal from a judgment dismissing their petitions against William Kinslow and James Kinslow. The judgment also dismissed appellees' counterclaim against appellants....
273 S.W.2d 374 (1954) Leon WOOD, Appellant, v. Betty Rae DENNISON'S ADMINISTRATOR (J. E. Taylor), Appellee. Court of Appeals of Kentucky. December 3, 1954. Wm. A. Miller, Peyton, Miller & Hume, Louisville, Chester O. Carrier, Leitchfield, for appellant. Ernest Woodward, Woodward, Hobson & Fulton, Louisville, J. W. Hodges, Elizabethtown, for appellee. MILLIKEN, Judge. This is an appeal from a judgment for J. E. Taylor, administrator of the estate of Betty Rae Dennison, an infant five and *375...
265 S.W.2d 792 (1954) WINKLE v. JONES. Court of Appeals of Kentucky. March 5, 1954. C. C. Adams, Ottis Lanter, Williamstown, for appellant. John M. Berry, D. K. Floyd, New Castle, for appellee. MOREMEN, Justice. Appellant, Eugene Winkle, and appellee, Clarence Jones, were respectively tenant and landlord on an Owen County farm. On June 25, 1951, at about the hour of 7 a.m., the parties met at the milk barn; they began to discuss the disposition of certain hay that evidently belonged to them...
264 S.W.2d 279 (1954) WILLIAMS et al. v. BUCKLER. Court of Appeals of Kentucky. January 29, 1954. Stanley Lemon, Liberty, L. C. Lawrence, Jamestown, for appellants. Henry G. Boldrick, Lebanon, for appellee. SIMS, Chief Justice. Charles Williams sued William Buckler for $2000, the alleged value of certain farming machinery which the petition averred Buckler wrongfully converted. The petition further averred that Buckler was under 21 years of age and was engaged in farming and the machinery was...
269 S.W.2d 223 (1954) WILKINSON v. QUEEN et al. Court of Appeals of Kentucky. May 7, 1954. As Extended on Denial of Rehearing June 25, 1954. *224 Mac Stephenson, J. W. McKenzie, Ashland, for appellant. Harris W. Coleman, Louisville, amicus curiae. E. Poe Harris and S. S. Willis, Ashland, for appellee. *225 DUNCAN, Justice. This appeal is from a judgment dismissing appellant's complaint filed for the purpose of contesting a local option election held in the city of Catlettsburg on June 23, 1953....
269 S.W.2d 263 (1954) WIGLESWORTH v. WRIGHT, Judge. Court of Appeals of Kentucky. June 23, 1954. Draffen & Wickliffe, Errol Draffen, Harrodsburg, for complainant. Robert F. Houlihan, William H. Townsend, Lexington, Ollie J. Bowen, Lawrenceburg, for intervenor Bettie Gilbert Wiglesworth. MOREMEN, Justice. This is an original action in this court upon complaint for Writ of Prohibition filed by William J. Wiglesworth in which he prays that an order issue to Hon. Coleman Wright, Judge of the...
267 S.W.2d 739 (1954) WHITLOW v. WHITLOW. Court of Appeals of Kentucky. March 26, 1954. Rehearing Denied May 28, 1954. Homer Parrent, Jr., J. Allen Sherman, Louisville, for appellant. Hensley & Logan, Joseph P. Pike, Louisville, for appellee. SIMS, Chief Justice. All parties to this action have the same surname and to save time and space each will be referred to by his or her given name. The question to be decided is whether Lillie, the divorced wife of Roger, or Elizabeth, his widow and...
267 S.W.2d 400 (1954) WHITCOMB v. WHITCOMB et al. Court of Appeals of Kentucky. January 29, 1954. Rehearing Denied May 14, 1954. *401 D. B. Smith, Ray O. Shehan, James Sampson and Edward G. Hill, Harlan, for appellant. J. B. Carter, Harlan, W. R. Lay, Grant F. Knuckles, Pineville, Joseph J. Leary, Frankfort, for appellees. CULLEN, Commissioner. The Harlan County Court admitted to probate a purported holographic will of John G. Whitcomb, which devised his entire estate to his widow, Pauline B....
271 S.W.2d 270 (1954) VAN HOOSER et al. v. KEENON et al. Court of Appeals of Kentucky. June 11, 1954. Rehearing Denied October 15, 1954. *271 Harbison, Kessinger, Lisle & Bush, Lexington, for appellants. Stoll, Keeno & Park and John L. Davis, Lexington, for appellees. STEWART, Justice. This appeal is from a judgment of the Fayette Circuit Court awarding $9,375 to plaintiffs, R. W. Keenon and his wife, Eloise Keenon, this amount representing one-fourth of the sum of $37,500 paid to James D. Van...
270 S.W.2d 946 (1954) UNITED FUEL GAS CO. et al. v. FRIEND'S ADM'X. Court of Appeals of Kentucky. May 21, 1954. Rehearing Denied October 1, 1954. *947 J. Woodford Howard and Fred G. Francis, Prestonsburg, for appellants. A. J. May and Paul E. Hayes, Prestonsburg, for appellee. STEWART, Justice. This appeal is from a judgment of the Floyd Circuit Court awarding $25,000 to plaintiff, Violet Perry Friend, mother and administratrix of the estate of Robert Perry Friend, a seven-year-old boy who was...
272 S.W.2d 810 (1954) UNITED FUEL GAS COMPANY, Appellant, v. Willis MAUK et al., Appellee. Court of Appeals of Kentucky. November 12, 1954. *811 J. K. Wells, Paintsville, for appellant. Thomas E. Nickel and Oscar Sammons, Greenup, for appellees. MOREMEN, Judge. Appellant, United Fuel Gas Company, has moved for an appeal from an $850 judgment of the Greenup Circuit Court on a verdict assessing damages for condemnation of a pipe line easement over a portion of a farm belonging to appellees,...
271 S.W.2d 361 (1954) UNION LIGHT, HEAT & POWER CO. v. PUBLIC SERVICE COMMISSION et al. Court of Appeals of Kentucky. March 26, 1954. Rehearing Denied October 22, 1954. *362 Stephens L. Blakely, Blakely, Moore & Blakely, Covington, Floyd C. Williams, Walter E. Beckjord, Jr., Peck, Shaffer & Williams, Cincinnati, Ohio, for appellant. J. D. Buckman, Atty. Gen., J. Gardner Ashcraft, Asst. Atty. Gen., Morris Weintraub, Newport, E. H. Henry, Covington, for appellees. STEWART, Justice. This appeal...
264 S.W.2d 56 (1954) TYLER-COUCH CONST. CO. v. ELMORE. Court of Appeals of Kentucky. January 22, 1954. Wm. A. Hamm, Boyd F. Taylor, Jr., London, for appellant. Roy W. House, Manchester, for appellee. *57 STANLEY, Commissioner. The Workmen's Compensation Board denied compensation to Charlie Elmore, an employee of the appellant, Tyler-Couch Company, (perhaps correctly styled Couch Construction Company) on the ground that the injuries were sustained in horseplay. The circuit court vacated the...
264 S.W.2d 667 (1954) THOMPSON v. THOMPSON. Court of Appeals of Kentucky. February 5, 1954. *668 Fritz Krueger, Russell Jones, Somerset, for appellant. Smith & Blackburn, Somerset, for appellee. COMBS, Justice. This is an action for personal injuries by a woman against her seventeen-year-old son. The injuries were received as a result of the alleged negligent operation of an automobile, and it may be assumed that the purpose of the suit is to collect damages from an insurance company. The trial...
269 S.W.2d 266 (1954) THOMPSON v. HUNTER'S EX'R et al. Court of Appeals of Kentucky. June 23, 1954. *267 Blakey Helm, Louisville, for appellant. Wm. T. Baskett, Louisville, for appellees. STANLEY, Commissioner. The appeal is by Mrs. Thelma Thompson from a denial of any recovery upon her claim for $1,950 against the estate of Howard Hunter, deceased, for nursing services and care for 25 months at the rate of $75 a month. The appellee sought recovery alternatively on an express or an implied...
268 S.W.2d 643 (1954) STOUT et al. v. JENKINS et al. Court of Appeals of Kentucky. May 21, 1954. *644 Andrew W. Duncan, Herman E. Frick, Louisville, for appellant. James L. Taylor, Robert P. Hobson, Woodward, Hobson & Fulton, Louisville, for appellee. COMBS, Justice. The circuit court affirmed an order of the Jefferson County Board of Zoning Adjustment and Appeals which permits the construction of a building 14 feet closer to the road than the building line established by the planning and...
268 S.W.2d 646 (1954) ST. JOSEPH HOSPITAL, LEXINGTON et al. v. DWERTMAN et al. Court of Appeals of Kentucky. January 22, 1954. Rehearing Denied June 23, 1954. R. P. Moloney, Donald P. Moloney, and F. Selby Hurst, Lexington, William E. Wehrman, Covington, for appellants. Charles S. Adams, Eugene Benzinger, Covington, for appellees. CLAY, Commissioner. This is a declaratory judgment action seeking the proper construction of the will of Frank W. Harting. The principal question involved is the...
268 S.W.2d 420 (1954) STATE FARM MUT. AUTO. INS. CO. v. HOBBS. Court of Appeals of Kentucky. May 14, 1954. *421 Stoll, Keenon & Park, Lexington, for appellant. Strange & Pendleton, Stanton, for appellee. DUNCAN, Justice. This appeal involves the construction of an agency agreement between the parties insofar as it fixed the service fee compensation payable to appellee as special agent for appellant in certain counties in Eastern Kentucky. The lower court adopted appellee's construction and...
266 S.W.2d 308 (1954) SOUTHERN BELL TEL. & TEL. CO. v. COMMONWEALTH et al. Court of Appeals of Kentucky. February 12, 1954. Rehearing Denied April 23, 1954. *309 Thomas J. Wood, Stites, Wood, Helm & Taylor, Louisville, for appellant. William E. Berry, Louisville, J. D. Buckman, Atty. Gen., Armand Angelucci, Asst. Atty. Gen., C. J. Waddill, Asst. Atty. Gen., for appellees. DUNCAN, Justice. This proceeding was filed prior to July 1, 1953, as an Agreed Case under Section 637, Carroll's Civil Code,...
