Empire Coal & Mining Co. v. McIntosh
Court of Appeals of Kentucky
Case 88 — SPECIAL AND GENERAL VERDICTS APPEAL PROM CHRISTIAN CIRCUIT COURT. 1. At the conclusion of the evidence, appellant requested to direct the jury to find a special verdict only. The court refused the motion. 2. The court, however, on motion of appellant, instructed the jury to return a special finding of the facts in answer to seven questions propounded by the court.
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Case 88 — SPECIAL AND GENERAL VERDICTS APPEAL PROM CHRISTIAN CIRCUIT COURT. 1. At the conclusion of the evidence, appellant requested to direct the jury to find a special verdict only. The court refused the motion. 2. The court, however, on motion of appellant, instructed the jury to return a special finding of the facts in answer to seven questions propounded by the court. It then, on motion of appellee, instructed the - jury to return a separate general verdict responding to his issue. 3. The court erred in ordering this verdict. After appellant had requested that a special verdict be had,…
1Opinion of the CourtChief Justice Hines
John McIntosh, while in the employ of appellant as a common laborer engaged in mining coal, was killed by the falling of a portion of the roof of the mine. This., action was brought by the widow of McIntosh under-*556section 3, of chapter 57, of General Statutes, which authorizes an action by the widow, heir or personal representative where the killing is the result of willful negligence and permits the recovery of punitive damages. The petition alleges willful negligence, and that it consisted in the failure of appellant to prop the roof of the mine entry where the deceased was required to work.…
2Cited by3 opinions
- Louisville & Nashville R. R. v. Woodford & IrelandCourt of Appeals of Kentucky · 1913
- Fowler v. CommonwealthCourt of Appeals of Kentucky · 1922
- Louisville & Nashville R. R. v. BriceCourt of Appeals of Kentucky · 1886