Legal Opinion · Dissent

Clements v. Ashland Oil, Inc.

Kentucky Supreme Court

Decided June 15, 1983Published

1Dissent

LEIBSON, Justice.

This is but another instance of taking hammer and chisel to chip away at the cornerstone in the House of Justice, trial by jury.

A properly instructed jury found that Ashland was negligent and the cause of this tragic accident. We have substituted our findings of fact for those of the jury.

The cases are legion that in negligence cases such as this one the verdict of the jury resolves any conflicts in the testimony and also any conflicts in the reasonable inferences to be drawn from the testimony in favor of the prevailing party, who was Clements. To name but a few: Murphy v.…

2Cases cited9 opinions

  1. Manchester Insurance & Indemnity Co. v. GrundyCourt of Appeals of Kentucky (pre-1976) · 1975
  2. Current v. Columbia Gas of Kentucky, Inc.Court of Appeals of Kentucky (pre-1976) · 1964
  3. Murphy v. HomansCourt of Appeals of Kentucky (pre-1976) · 1940
  4. Fields v. Western Kentucky Gas CompanyCourt of Appeals of Kentucky (pre-1976) · 1972
  5. Chesapeake & Ohio R. R. v. DavisCourt of Appeals of Kentucky · 1900

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