Parker v. Jenkins
Court of Appeals of Kentucky
CASE 34 — PETITION ORDINARY — APPEAL FROM CAMPBELL CIRCOIT COURT. CITED— Sedgwick on Damages, 3d ed., pp. 33 to 35, 35 to 38, and 493 ; 1st ed., 467-8. Angelí on Highways, sec. 290. 1 B. Mon., 96-7 ; Ferguson vs. Terry. CITED— Revised Statutes, sec. 1, art. 9, chap. 27. 3 Met., 297; Allard vs. S?nith. 3 Mar., 360; Biggs vs. Mcllvaine' s ex’x. Civil Code, subdiv. 6 of sec. 369. 2 Met., 122; Danville, etc., Turnp.
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CASE 34 — PETITION ORDINARY — APPEAL FROM CAMPBELL CIRCOIT COURT. CITED— Sedgwick on Damages, 3d ed., pp. 33 to 35, 35 to 38, and 493 ; 1st ed., 467-8. Angelí on Highways, sec. 290. 1 B. Mon., 96-7 ; Ferguson vs. Terry. CITED— Revised Statutes, sec. 1, art. 9, chap. 27. 3 Met., 297; Allard vs. S?nith. 3 Mar., 360; Biggs vs. Mcllvaine' s ex’x. Civil Code, subdiv. 6 of sec. 369. 2 Met., 122; Danville, etc., Turnp. R. Co. vs. Stewart. 2 Duvall, 116; L. <§• N. R. R. Co. vs. Collins. 3 Met., 313 ; Bowler vs. Lane. Act of March 10, 1854, secs. 1, 3.
1Opinion of the Court
JUDGE WILLIAMS
delivered the opinion op the court:
This judgment of one thousand dollars was recovered by appellee of appellant on the verdict of a jury in a suit to recover damage's for the breaking of the wagon, and personal injury to appellee in the breaking a forearm and being bruised, caused by the fright of his horse, as alleged, from some cakes of ice which had been stacked up very near the turnpike road by appellant or her servants.
Two main errors are assigned' — 1. The improper refusal by the court to instruct as in case of non-suit. 2. As to the measure of damages.
The evidence,…
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