Louisville & Nashville R. R. v. Paynter's Admx.
Court of Appeals of Kentucky
CASE 62. — ACTION BY AGNES PAYNTER AS ADMINISTRA-TRIX OF WILBER Y. PAYNTER, DECEASED, AGAINST THE LOUISVILLE & NASHVILLE R. R. CO., FOR DAMAGES FOR CAUSING THE DEATH OF HER INTESTATE. Appeal from Larue Circuit Court. O. T. Atkinson, Special Judge. Prom an order granting plaintiffs motion for a new trial the railroad company appeals.
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CASE 62. — ACTION BY AGNES PAYNTER AS ADMINISTRA-TRIX OF WILBER Y. PAYNTER, DECEASED, AGAINST THE LOUISVILLE & NASHVILLE R. R. CO., FOR DAMAGES FOR CAUSING THE DEATH OF HER INTESTATE. Appeal from Larue Circuit Court. O. T. Atkinson, Special Judge. Prom an order granting plaintiffs motion for a new trial the railroad company appeals. POINTS AND CITATIONS. 1. Section 344 of the Civil Code applies only when the grounds for new trial are discovered after the term at which the verdict cr decision was rendered, and provides that the application shall not be made later than the second term after the…
1Opinion of the Court
*525Opinion op the Court by
John D. Carroll, Commissioner
Reversing.
The question presented hy this appeal is the correctness of the judgment of the circuit court granting appellee a new trial in the case of Agnes Paynter, Adm’x v. Louisville & Nashville Railroad Company. The original action was filed in February, 1902. In October, 1902, the jury, under direction of the court, returned a verdict in favor of the defendant, upon which judgment was entered, but a new trial was granted, and this judgment set aside. In January, 1903, the case was again tried, and a verdict returned in favor of the…
2Cases cited5 opinions
- Scott v. Scott's ex'rCourt of Appeals of Kentucky · 1871
- Elliott v. HarrisCourt of Appeals of Kentucky · 1883
- Commonwealth v. CaudillCourt of Appeals of Kentucky · 1905
- Lovelace v. LovellCourt of Appeals of Kentucky · 1900
- Maddox's Ex'r v. WilliamsCourt of Appeals of Kentucky · 1888
3Cited by6 opinions
- Johnson v. Gernert Bros. Lumber Co.Court of Appeals of Kentucky (pre-1976) · 1934
- Kohlman v. MooreCourt of Appeals of Kentucky · 1917
- Jeffers v. TaylorCourt of Appeals of Kentucky · 1917
- Johnson v. Dry Creek Oil & Gas Co.Court of Appeals of Kentucky (pre-1976) · 1940
- Jenkins v. StephensUtah Supreme Court · 1927
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