Legal Opinion

Hamilton v. Hayes Freight Lines, Inc.

Court of Appeals of Kentucky

Decided June 13, 1952PublishedCited by 1 opinion

1Opinion of the Court

LATIMER, Justice.

The sole question is whether concealment of a settlement made before trial with one alleged joint tort feasor constituted such fraud as would justify the setting aside of the judgment under the provisions of section 518(4) of the Civil Code of Practice.

On December 5, 1949, Harold Ray Hamilton (hereinafter referred to as Hamilton) and his -mother, Grace, sued the Hayes Freight Lines (hereinafter referred to as Hayes) and John Winn, alleging that they were guilty of joint negligence in causing; an injury to Hamilton. Hayes was delivering a boiler to the dry cleaning plant of…

2Cases cited3 opinions

  1. Johnson v. Gernert Bros. Lumber Co.Court of Appeals of Kentucky (pre-1976) · 1934
  2. Commonwealth v. Smith, JudgeCourt of Appeals of Kentucky (pre-1976) · 1932
  3. Metropolitan Life Ins. Co. of N.Y. v. MyersCourt of Appeals of Kentucky (pre-1976) · 1937

3Cited by1 opinion

  1. Hayes Freight Lines, Inc. v. HamiltonCourt of Appeals of Kentucky · 1953

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