Shinkle v. McCullough
Court of Appeals of Kentucky
Case 103 — Action by W. T. McCullough against Clifford S'hinkle fob Personal Injuries. — appeal from kenton circuit court. Judgment fob Plaintiff and Defendant Appeals. POINTS AND AUTHORITIES. 1. Instruction to the jury.
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Case 103 — Action by W. T. McCullough against Clifford S'hinkle fob Personal Injuries. — appeal from kenton circuit court. Judgment fob Plaintiff and Defendant Appeals. POINTS AND AUTHORITIES. 1. Instruction to the jury. By instruction No. 2, the court submitted to the jury the question, not made by the pleadings, as to whether appellee’s horse became frightened by the .noise emanating from the automobile, and thereby caused the injury, which .was error and prejudicial to appellant. iSandy River & Cannel Coal Co. v. Caudill, 21 Ky. Law Rep., 1647; Purdom v. Brussel®, 23 Ky. Law Rep., 1796;…
1Opinion of the Court
Opinion of ti-ie coubt by
'CHIEF JUSTICE BURNAM
— ^Attfibming.
Whilst the appellee, W. T. McCullough, was driving along a public highway leading from the city of Covington on the 29th of August, 1901, with two companions, he met the appellant, Clifford Shinkle, riding in an automobile. Appellee’s horse became frightened at the automobile, and upset his vehicle, throwing him upon the turnpike road, inflicting injuries to his clothing’and person^ and permanently impair-*963Jug the vision in one eye. For these alleged injuries he instituted this action for damages, and alleged that the defendant, while…
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