376 S.W.2d 526 (1964) Jimmie A. WOODFORD, Appellant, v. COMMONWEALTH of Kentucky, Appellee. Court of Appeals of Kentucky. March 6, 1964. Tom Garrett, Paducah, for appellant. Robert F. Matthews, Atty. Gen., F. E. Wood, Asst. Atty. Gen., Frankfort, for appellee. *527 MONTGOMERY, Judge. Jimmie A. Woodford was convicted of voluntary manslaughter for the death of Mildred Traughber. His punishment was fixed at three years' confinement in the penitentiary. On appeal he urges that the trial court erred:...
380 S.W.2d 217 (1964) The WISER OIL COMPANY et al., Appellants, v. T. J. CONLEY, Appellee. Court of Appeals of Kentucky. June 12, 1964. Allen Prewitt, Sr., Frankfort, Earl R. Cooper, Salyersville, for appellants. *218 Paul Combs, Prestonsburg, C. Kilmer Combs, Ashland, for appellee. DAVIS, Commissioner. In Wiser Oil Co. v. Conley, Ky., 346 S.W.2d 718 , we adjudged that T. J. Conley, who is the appellee here, should be allowed recovery for damage to his real estate resulting from appellant's use...
379 S.W.2d 478 (1964) Exie WILSON, Appellant, v. Robert J. LEHMAN, M. D., et al., Appellees. Court of Appeals of Kentucky. May 22, 1964. *479 William P. Mulloy, Louisville, for appellant. Kent McElwain, McElwain, Dinning, Clarke & Winstead, John Ballantine, Ogden, Brown, Robertson & Marshall, Louisville, for appellee. STEWART, Judge. This is an appeal from a judgment, on a directed verdict, from the Jefferson Circuit Court, dismissing the action of Exie Wilson, appellant herein, against Robert...
382 S.W.2d 205 (1964) Thomas A. WHELAN, Appellant, v. Clarence E. VAN NATTA, Doing Business as Van Natta Grocery, Appellee. Court of Appeals of Kentucky. June 26, 1964. Rehearing Denied October 16, 1964. Harry L. Hargadon, Jr., Louisville, for appellant. R. I. McIntosh, Louisville, for appellee. MONTGOMERY, Judge. Thomas A. Whelan sued Clarence E. Van Natta, doing business as Van Natta Grocery, for damages resulting from injuries sustained when he fell into an open stair well in the floor of...
384 S.W.2d 496 (1964) Billy Flay WELLS, Appellant, v. Gary L. CONLEY, by Glen Conley, next friend, etc., Appellees. Court of Appeals of Kentucky. December 4, 1964. J. K. Wells, Eugene Rice, Paintsville, for appellant. W. B. Hazelrigg, R. B. Harrington, W. A. Johnson, Paintsville, for appellees. CULLEN, Commissioner. In midafternoon on March 22, 1962, Billy Ray Wells was alone in his Cadillac automobile eastbound on Highway 460 about six miles west of Paintsville, and Carol Saylor, with Thurman...
383 S.W.2d 356 (1964) Fred B. WELLER et al., Appellants, v. Joe McCAULEY, Mayor, et al., Appellees. Court of Appeals of Kentucky. October 23, 1964. *357 Robert J. Watson, Middlesboro, for appellants. Grant F. Knuckles, Pineville, H. F. White, Middlesboro, Cecil Wilson, Glasgow, for appellees. MOREMEN, Judge. This is a taxpayers' action against the governing body of Middlesboro, the electric plant board of that city and others to prevent further proceedings for purchase or condemnation of...
385 S.W.2d 62 (1964) Charles WARNER, Appellant, v. COMMONWEALTH of Kentucky, Appellee. Court of Appeals of Kentucky. December 11, 1964. *63 Edwin A. Monroe, Jr., Falmouth, for appellant. Robert Matthews, Atty. Gen., and George Rabe, Asst. Atty. Gen., Frankfort, for appellee. DAVIS, Commissioner. The appellant seeks reversal of the judgment denying his RCr 11.42 motion to vacate a prior conviction. In 1948 appellant was convicted of rape by judgment of the Pendleton Circuit Court; pursuant to...
382 S.W.2d 198 (1964) Edgar C. WALKER et al., Appellants, v. Clarence M. KEITH, Appellee. Court of Appeals of Kentucky. June 26, 1964. Rehearing Denied October 16, 1964. *199 G. D. Milliken, Jr., Marshall Funk, Bowling Green, for appellants. Joe B. Orr, Bell, Orr & Reynolds, Bowling Green, for appellee. CLAY, Commissioner. In this declaratory judgment proceeding the plaintiff appellee sought an adjudication that he had effectively exercised an option to extend a lease, and a further...
379 S.W.2d 470 (1964) Ervine TURNER and Treva Howell, Appellants, v. James R. McINTOSH et al., Appellees. Court of Appeals of Kentucky. May 22, 1964. Jesse S. Hogg, Winchester, J. Douglas Graham, Campton, for appellants. Hunter M. Shumate, Shumate & Shumate, Irvine, Henry L. Spencer, William P. Bach, Jackson, E. E. Bach, Campton, O. J. Cockrell, Jackson, Louis E. Arnold, Cincinnati, Ohio, for appellees. STEWART, Judge. James R. McIntosh filed this action against Ervine Turner and Treva Howell...
378 S.W.2d 806 (1964) Garrett TOWNSEND et al., Appellants, v. Dorsie CABLE, Appellee. Court of Appeals of Kentucky. May 8, 1964. Rose & Short, Beattyville, for appellants. Shumate & Shumate, Irvine, for appellee. A. MURRAY BEARD, Special Commissioner. In this action both the appellants and the appellee are seeking to quiet title to their respective alleged ownership of a one-half interest of the oil and gas underlying a tract of land, the surface of which, together with the other one-half...
376 S.W.2d 290 (1963) Ronald TIPTON and James Sprinkle, Appellants, v. COMMONWEALTH of Kentucky, Appellee. Court of Appeals of Kentucky. October 4, 1963. Concurring Opinion October 11, 1963. As Modified on Denial of Rehearing March 13, 1964. Ronald Tipton, pro se. James Sprinkle, pro se. John B. Breckinridge, Atty. Gen., Joe Nagle, Asst. Atty. Gen., Frankfort, for appellee. CULLEN, Commissioner. Appellants, who are confined in the penitentiary under a judgment of the Clark Circuit Court...
379 S.W.2d 459 (1964) Glenn THOMPSON, Appellant, v. MAYFLOWER COAL COMPANY et al., Appellees. Court of Appeals of Kentucky. May 22, 1964. Dan Jack Combs, Pikeville, for appellant. Emmett G. Fields, Whitesburg, for appellees. PALMORE, Judge. In this Workmen's Compensation proceeding the referee found that "the plaintiff is disabled now but it is all caused and brought about by the disease of osteoarthritis and none of said disability was caused by the accident of September 5, 1961." That finding...
384 S.W.2d 89 (1964) Charles H. STURGILL et al., Appellants, v. COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellee. Court of Appeals of Kentucky. November 13, 1964. *90 Joseph J. Leary, Frankfort, Don Sturgill, Sturgill, Moreland & Turner, Lexington, for appellants. Robert Matthews, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., H. C. Smith, Frankfort, and F. Selby Hurst, Lexington, for appellee. CLAY, Commissioner. In this condemnation proceeding appellants sought to enjoin the...
385 S.W.2d 211 (1964) STATE PROPERTY & BUILDINGS COMMISSION OF the DEPARTMENT OF FINANCE, etc., Appellants, v. H. W. MILLER CONSTRUCTION COMPANY, Inc., Appellee. Court of Appeals of Kentucky. December 18, 1964. *212 Paul E. Tierney, Melbourne Mills, Jr., Frankfort, for appellants. William H. Bixler, Hughes, Clark & Burke, Covington, for appellee. PALMORE, Judge. The State Property and Buildings Commission (KRS 56.450) sued appellee, H. W. Miller Construction Company, for damages in the amount...
382 S.W.2d 572 (1964) John STANLEY, Appellant, v. Joe ELLEGOOD, who sues by his next friend, Mildred Ellegood, Appellee. Court of Appeals of Kentucky. May 15, 1964. Rehearing Denied October 30, 1964. *573 Edward J. Hogan, Joe H. Taylor, Henry V. B. Denzer, John L. Bennett, Louisville, for appellant. James F. Thomas, Thomas & Thomas, New Castle, for appellee. A. MURRAY BEARD, Special Commissioner. Joe Ellegood, four days prior to his 14th birthday, was seriously injured while riding as a guest...
379 S.W.2d 252 (1964) William L. SPARKS, Appellant, v. Dorothy DOE, Appellee. LIBERTY MUTUAL INSURANCE COMPANY, Appellant, v. Dorothy DOE, Appellee. Court of Appeals of Kentucky. February 28, 1964. Rehearing Denied June 19, 1964. *254 Julius Leibson, David Gittleman, Louisville, for William L. Sparks. Ben Matthews, Bernard B. Davis, Shelbyville, for Dorothy Doe. Gavin H. Cochran, Marshall Cochran, Heyburn & Wells, Mark Davis, Jr., Louisville, for Liberty Mut. Ins. Co. PALMORE, Judge. Two trucks...
382 S.W.2d 867 (1964) James W. SLUSHER, Appellant, v. Bobbie Sue MIRACLE, Appellee. Court of Appeals of Kentucky. October 2, 1964. *868 Patterson & Berger, Pineville, R. W. Keenon, Lexington, for appellant. Farmer Helton, Pineville, for appellee. ROBERT M. COLMAN, Special Commissioner. This is an appeal from a judgment of the Bell Circuit Court awarding appellee $3,000 for personal injuries in an automobile collision. The appellant was an employee of the Kentucky Division of Forestry, and in...
385 S.W.2d 178 (1964) John A. SLOAN, Appellant, v. Marvin R. IVERSON, Appellee. Court of Appeals of Kentucky. December 18, 1964. Joseph Martin, Edmonton, Morris Butler, Greensburg, for appellant. Carroll M. Redford, Jr., Carroll M. Redford, Redford & Redford, Glasgow, Maxey B. Harlin, Coleman, Harlin & Orendorf, Bowling Green, for appellee. CULLEN, Commissioner. John A. Sloan appeals from a judgment on a jury verdict awarding Marvin R. Iverson $2,500 for personal injuries and property damage...
375 S.W.2d 262 (1964) Thomas Scott SILER, Appellant, v. Elsie WILLIFORD, Appellee. Court of Appeals of Kentucky. January 31, 1964. *263 Robert J. Watson, Middlesboro, for appellant. William S. Tribell, John J. Tribell, Middlesboro, for appellee. MONTGOMERY, Judge. Thomas Scott Siler has appealed from a judgment by which Elsie Williford was awarded $15,000 for damages for injuries arising out of an auto collision. This is a second appeal. See Siler v. Williford, Ky., 350 S.W.2d 704 , in which an...
378 S.W.2d 816 (1964) Orville SHIRLEY, Appellant, v. COMMONWEALTH of Kentucky, Appellee. Court of Appeals of Kentucky. February 28, 1964. Rehearing Denied June 5, 1964. *818 E. R. Gregory, Bowling Green, for appellant. John B. Breckinridge, Atty. Gen., Ray Corns, Asst. Atty. Gen., Frankfort, Morris Lowe, Commonwealth's Atty., Bowling Green, for appellee. WADDILL, Commissioner. Appellant was convicted of the crime of robbery and sentenced to three years' confinement in the state prison. KRS 433....
