Adams' Adm'r v. L. & N. R. R.
Court of Appeals of Kentucky
Case 96 — NEGLIGENCE, SPECIAL VERDICTS APPEAL PROM HARDIN CIRCUIT COURT. 1, The course adopted in this case of examining and cross-examining the jury, as to all matters of evidence was unknown to the ancient mode of trial by jury. 2. The authority for a special verdict is an innovation upon the common law, and the practice pursued of examining and cross-examining- the jury is unwarranted by the ancient mode of trial by jury, which is made sacred by the Constitution.
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Case 96 — NEGLIGENCE, SPECIAL VERDICTS APPEAL PROM HARDIN CIRCUIT COURT. 1, The course adopted in this case of examining and cross-examining the jury, as to all matters of evidence was unknown to the ancient mode of trial by jury. 2. The authority for a special verdict is an innovation upon the common law, and the practice pursued of examining and cross-examining- the jury is unwarranted by the ancient mode of trial by jury, which is made sacred by the Constitution. (Dice v. Willamette, &c., Co., 8 Oregon; True's Case, 21 Am. R. R. Reps., 371; R, R. Co. v. Boring, 51 Ga., 582; Bennett v. L. &…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
In the case of Witty against the railroad company, reported in volume 6, Law Reporter, it was held that when the jury is directed to find a special ver■dict the court may, but is not compelled, to direct them to find a general verdict, and it was further held that the failure to instruct the jury as to what was ordinary and what willful or gross neglect, was not error, because when the facts were found by the jury it was a question of law for the court (subsection •5 of section 317); that where a special verdict is re■qnired, the questions of law…
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- Glascock v. Cincinnati, New Orleans & Texas Pacific Railway Co.Court of Appeals of Kentucky · 1910
- Dallas v. Illinois Central RailroadCourt of Appeals of Kentucky · 1911
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