Legal Opinion

Alexander v. Humber

Court of Appeals of Kentucky

Decided January 19, 1888PublishedCited by 35 opinions

Case 73 — PETITION ORDINARY APPEAL FROM OWEN CIRCUIT COURT. 1. The charge of “ wrongfully, wantonly, willfully and negligently ” causing injury, is not equivalent to a charge of “willful or gross neglect,” and does not authorize a recovery of punitive damages.

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Case 73 — PETITION ORDINARY APPEAL FROM OWEN CIRCUIT COURT. 1. The charge of “ wrongfully, wantonly, willfully and negligently ” causing injury, is not equivalent to a charge of “willful or gross neglect,” and does not authorize a recovery of punitive damages. (10 Bush, 679, Lexington v. Lewis; 2 Bibb, 217, Langford v. Owsley; 9 Bush, 527, L. & P. Canal Co. v. Murphy; 10 Bush, 267, Jacob v. L. & N. R. R. Co.) ■ • 2. Affidavits of jurors may be received to show that by mistake the verdict returned and entered was not the verdict agreed upon. (3 J. J. M., 395, Johnson v. Davenport; 7 Ky. Law…

1Opinion of the Court

JUDGE HOLT

delivered tiie opinion op the court.

Tile appellee, Frances Humber, sued tlie appellants, J. W. Alexander and T. L. Martin, for ' ‘ -wrongfully, *567wantonly, willfully and negligently” driving a buggy against and over her, when she was walking along a public road.

The verdict was: “We, the jury, find for plaintiff, •one thousand dollars jointly.” Among other grounds presented for a new trial, is one to the effect that this was returned by mistake, and that the jury intended to sever the damages, and fix them at five hundred dollars against each of the appellants.

It appears that the…

2Cases cited4 opinions

  1. Buckles v. LambertCourt of Appeals of Kentucky · 1863
  2. Allard v. SmithCourt of Appeals of Kentucky · 1859
  3. McLain v. Dibble & Co.Court of Appeals of Kentucky · 1877
  4. Commonwealth v. WilliamsCourt of Appeals of Kentucky · 1878

3Cited by35 opinions

  1. Brown Hotel Co. v. Pittsburgh Fuel Co.Court of Appeals of Kentucky (pre-1976) · 1949
  2. Critzer Et Ux. v. DonovanSupreme Court of Pennsylvania · 1927
  3. Dix & Associates Pipeline Contractors, Inc. v. KeyKentucky Supreme Court · 1990
  4. Winston's Administrator v. City of HendersonCourt of Appeals of Kentucky · 1918
  5. Louisville & Nashville R. R. v. RothCourt of Appeals of Kentucky · 1908

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