Dovey v. Lam
Court of Appeals of Kentucky
Case 3 — Action by George B. Dovey against James W. Lam and Others fob Assault and Battery. APPEAL FROM MUHLENBERG CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. POINTS ARGUED AND AUTHORITIES CITED. 1. The burthen of proof in the whole action li'es on the party who would be defeated if no evidence were given on either side, ©ec. 526, Civil Code. 2. Instructions though abstractly correct are not applicable under our system of practice.
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Case 3 — Action by George B. Dovey against James W. Lam and Others fob Assault and Battery. APPEAL FROM MUHLENBERG CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. POINTS ARGUED AND AUTHORITIES CITED. 1. The burthen of proof in the whole action li'es on the party who would be defeated if no evidence were given on either side, ©ec. 526, Civil Code. 2. Instructions though abstractly correct are not applicable under our system of practice. Phillips v. Phillips, 81 Ky., 328. 3. ¡Contradictory instructions should not be given; one does-not off-set the other. Tate v. Parish, 7 Mon.,…
1Opinion of the Court
Opinion op the court by
JUDGE HOBSON
Affirming.
George B. Dovey, appellant, instituted this action aginst James W. Lam, W. N. Eads, G. W. Roark, Flint McDowell, and John G. Love, appellees, to recover for an assault and battery. They pleaded self-defense, and the jury found for them. The court entered judgment on the verdict, and the plaintiff appeals.
The difficulty occurred over the possession of a coal shaft and engine; the defendants claiming that Mrs. Rachel McNeil was in possession, and that the plaintiff undertook to interfere with her possession, the defendants being her agents and…
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- Benge's Administrator v. FoutsCourt of Appeals of Kentucky · 1917
- Henning v. StevensonCourt of Appeals of Kentucky · 1904
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