Kentucky Central Railway Co. v. Smith
Court of Appeals of Kentucky
*Case 81 — PETITION ORDINARY APPEAL EROM KENTON CIRCUIT COURT. 1. The court had control of its orders and judgments during the term, and, therefore, could at any time during the term set aside its order overruling appellant’s motion for a new trial, and permit appellant to file and rely on additional grounds in support of its motion for a new trial. 3. The first instruction is erroneous in that the court instructs the jury peremptorily as to a controverted and material fact,…
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*Case 81 — PETITION ORDINARY APPEAL EROM KENTON CIRCUIT COURT. 1. The court had control of its orders and judgments during the term, and, therefore, could at any time during the term set aside its order overruling appellant’s motion for a new trial, and permit appellant to file and rely on additional grounds in support of its motion for a new trial. 3. The first instruction is erroneous in that the court instructs the jury peremptorily as to a controverted and material fact, that the plaintiff, when injured, was on the intersection of the railway and Washington and Ninth streets, “where he…
1Opinion of the Court
JUDGE PRYOR
deutbebd the opinion op the court.
At the September term, 1890, of the Kent on Circuit Court the appellee recovered a judgment, based on a verdict, of fifteen thousand dollars for damages on account of personal injuries sustained by him and caused, as is alleged, by the negligence of the appellant, the Kentucky Central Railway Company.
The appellee, on the 7th of August, 1889, at the instance of Mrs. Spotts, who lived at Eighth and "Washington streets, in the city of Covington, had gone to purchase bread at the grocery of one Linn, located at the southwest corner of Ninth and…
2Cases cited4 opinions
- Illinois Central Railroad v. BachesIllinois Supreme Court · 1870
- Ferguson v. Wisconsin Central RailroadWisconsin Supreme Court · 1884
- Houston v. KidwellCourt of Appeals of Kentucky · 1885
- Kentucky & Indiana Bridge Co. v. KriegerCourt of Appeals of Kentucky · 1892
3Cited by18 opinions
- Florida Central & Peninsular Railroad v. FoxworthSupreme Court of Florida · 1899
- Hall Oil Co. v. BarquinWyoming Supreme Court · 1925
- Schleiger v. Northern Terminal Co.Oregon Supreme Court · 1903
- Home Insurance v. Cincinnati, New Orleans & Texas Pacific Railway Co.Court of Appeals of Kentucky · 1919
- Hysteam Coal Corporation v. IngramCourt of Appeals of Kentucky (pre-1976) · 1940
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