McLeod v. Ginther's adm'r
Court of Appeals of Kentucky
Case 77 — ORDINARY APPEAL FROM JEFFERSON CIRCUIT COURT. 1. The declarations of Fish, “I had until 10:10, A. M., to make Beards,”' are not admissible or competent as a part of the res gestx. 2. It was not made at the time the collision took place. 3. The statement was not made at the same time the instructions were-given. 4. The statement was made by Fish as the agent or servant of the-receiver. 5. As between Fish and Ginther and.appellant, Fish was the agent of Ginther, and…
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Case 77 — ORDINARY APPEAL FROM JEFFERSON CIRCUIT COURT. 1. The declarations of Fish, “I had until 10:10, A. M., to make Beards,”' are not admissible or competent as a part of the res gestx. 2. It was not made at the time the collision took place. 3. The statement was not made at the same time the instructions were-given. 4. The statement was made by Fish as the agent or servant of the-receiver. 5. As between Fish and Ginther and.appellant, Fish was the agent of Ginther, and not the agent of the defendant, the receiver! 6. As to this matter they were equals, and bound for proper skill in…
1Opinion of the CourtChief Justice Hargis
The petition for rehearing demonstrates that some of the: principles of law laid down in the’ opinion were erroneously and unnecessarily applied to the facts of this case.
For the purpose of eliminating the dictum of the former opinion, which is withdrawn, and 'of answering new views-presented by the well prepared petition for rehearing, it becomes necessary to restate the facts and law of this case, which we will do by using the language of the former opinion, so far as adhered to, and making such observations aS-the position now taken by counsel may require.
This was an action to recover…
2Cited by27 opinions
- Louisville, New Albany & Chicago Railway Co. v. BuckIndiana Supreme Court · 1889
- Louisville & N. Railroad v. Molloy's Admx.Court of Appeals of Kentucky · 1906
- Peirce v. Van DusenCourt of Appeals for the Sixth Circuit · 1897
- L. R., M. R. & T. Ry. Co. v. LeverettSupreme Court of Arkansas · 1886
- Illinois Central Railroad v. Outland's AdministratrixCourt of Appeals of Kentucky · 1914
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