Kentucky Hotel Co. v. Camp
Court of Appeals of Kentucky
Case 64 — PETITION ORDINARY APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. 1. The court erred in setting aside the first verdict. The instructions under which that verdict was returned presented the law correctly. Besides, defendant was entitled to a peremptory instruction. ■ ■ ■ '2. The court erred upon the second trial in admitting the testimony of Mrs. Camp as to what was said to her by Frank Jackson. These declarations formed no part of the res yestae. (Ky.
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Case 64 — PETITION ORDINARY APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. 1. The court erred in setting aside the first verdict. The instructions under which that verdict was returned presented the law correctly. Besides, defendant was entitled to a peremptory instruction. ■ ■ ■ '2. The court erred upon the second trial in admitting the testimony of Mrs. Camp as to what was said to her by Frank Jackson. These declarations formed no part of the res yestae. (Ky. Cent. Ry. Co. v. Fox, 10 Ky. Law-Rep., 399; Ryan v. Gilmer, 4 Ky. Law Rep., 151; Luby v, Hudson River Co., 17 N. Y.,…
1Opinion of the Court
JUDGE GRACE
delivered the opinion of the court.
This appeal by appellant is from a judgment of the Jefferson Circuit Court in favor of appellee for the sum of five hundred dollars, recovered for injuries sustained by Willie *427Camp while being carried in the elevator of appellant, at the Willard Hotel, then operated by this company.
The injury occurred in November, 1891. This suit has been twice tried,-the first trial resulting in a verdict for the defendant. This was set aside and a new trial granted by the court, and this is the first complaint of appellant.
The evidencetended to show that this…
2Cases cited2 opinions
- Treadwell v. WhittierCalifornia Supreme Court · 1889
- Goodsell v. TaylorSupreme Court of Minnesota · 1889
3Cited by18 opinions
- Springer v. FordIllinois Supreme Court · 1901
- Tippecanoe Loan & Trust Co. v. JesterIndiana Supreme Court · 1913
- Davis' Admr. v. Ohio Valley Banking & Trust Co.Court of Appeals of Kentucky · 1908
- Gibson v. International Trust Co.Massachusetts Supreme Judicial Court · 1900
- Louisville & Nashville Railroad v. WebbCourt of Appeals of Kentucky · 1896
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