City Covington v. O'Meara
Court of Appeals of Kentucky
Appeal from Kenton Circuit Court. M. L. Harbeson, Judge (Common Law and Equity Division). Judgment for plaintiff, defendant appeals. CLASSIFICATION. 1. Motion for peremptory instruction for defendant. City of Covington v. Manwaring, 24 Reporter 424; City of Midway v. Lloyd, 24 Reporter 2449. 2. Competency of insane witness. Wigmore on Evidence, Sec. 497; District of Columbia v. Armes, 107 U. S. 523; Reg. v. Hill, 5 Cox Criminal Cases 259; Pittsburg, &c.
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Appeal from Kenton Circuit Court. M. L. Harbeson, Judge (Common Law and Equity Division). Judgment for plaintiff, defendant appeals. CLASSIFICATION. 1. Motion for peremptory instruction for defendant. City of Covington v. Manwaring, 24 Reporter 424; City of Midway v. Lloyd, 24 Reporter 2449. 2. Competency of insane witness. Wigmore on Evidence, Sec. 497; District of Columbia v. Armes, 107 U. S. 523; Reg. v. Hill, 5 Cox Criminal Cases 259; Pittsburg, &c. Railway Co. v. Thompson, 82 Federal Rep. 727; G-reenleaf on Evidence, 370-c. Vol. 1, page 511; Elliott on Evidence, sections 752, 757;…
1Opinion of the Court
Opinion o.f the Court by
Judge O’Rear
Affirming.
Appellee, while driving a wagon along one of the streets of Covington, was thrown from the wagon by a lurching as the front wheels dropped into a deep *764liol-e in the street. He was seriously injured. In this action against.the city because of the injury inflicted on appellee by reason of the negligent and unfit condition of the street, he recovered a verdict and. judgment for $800 as damages. The hole was filled with mud and water, so that, to one not knowing of it, it had the appearance of being only a sloppy place in the street. It is not…
2Cases cited2 opinions
- Pittsburgh & W. Ry. Co. v. ThompsonCourt of Appeals for the Sixth Circuit · 1897
- Carpenter v. CarpenterCourt of Appeals of Kentucky · 1871
3Cited by8 opinions
- State v. HerringSupreme Court of Missouri · 1916
- Owen v. CommonwealthCourt of Appeals of Kentucky · 1918
- Hale v. CommonwealthCourt of Appeals of Kentucky · 1922
- Lamastus v. Morgan's CommitteeCourt of Appeals of Kentucky · 1918
- Strong v. AbnerCourt of Appeals of Kentucky (pre-1976) · 1937
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