Louisville, A. & P. V. Electric Ry. Co. v. Whipps
Court of Appeals of Kentucky
Case 15 — Action by George L. Whipps and Wife' Against the Louisvuxe, Anchorage & Pewee Valley Electric Ry. Co. for Dam? ages for Breach of Contract. APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS BRANCH, first division — JOHN S. JACKMAN, special judge Judgment For. Plaintiffs. Defendant Appeals.
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Case 15 — Action by George L. Whipps and Wife' Against the Louisvuxe, Anchorage & Pewee Valley Electric Ry. Co. for Dam? ages for Breach of Contract. APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS BRANCH, first division — JOHN S. JACKMAN, special judge Judgment For. Plaintiffs. Defendant Appeals. In asking a reversal of the judgment in this case we shall urge in the main only two grounds: 1. The measure of damages fixed by the court is manifestly ■ improper. 2. Admission of-improper and highly prejudicial evidence. While there are other errors to which we shall call attention, we will…
1Opinion of the Court
Opinion of the court by
JUDGE SETTLE.
Reversing.-
This is an action to recover damages for a breach of contract. The appellant owns and operates an electric railroad from the city of Louisville to Pewee Valley, a distance of about 15 miles. It appears from the petition that the appellee, Min*123nie C. Whipps, owns 45 acres of land in Jefferson county, opposite the Lakeland depot of ’the Louisville & Nashville Railroad Company, from which she and her husband, the appellee George L. Whipps, conveyed to appellant, in fee simple, something near half a mile of right of way, 25 feet in width, for its…
2Cases cited4 opinions
- St. Louis, Keokuk & Northwestern Railway Co. v. ClarkSupreme Court of Missouri · 1894
- City of Paducah v. AllenCourt of Appeals of Kentucky · 1901
- Louisville, &c., Railroad Co. v. NeafusCourt of Appeals of Kentucky · 1892
- Louisville, Railway Co. v. TaylorCourt of Appeals of Kentucky · 1894
3Cited by10 opinions
- Atlanta & St. Andrews Bay Railway Co. v. ThomasSupreme Court of Florida · 1910
- Clay v. Clay's CommitteeCourt of Appeals of Kentucky · 1918
- West Kentucky Coal Co. v. DyerCourt of Appeals of Kentucky · 1914
- Beatty v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1917
- Louisville & Nashville Railroad v. Johnson's AdministratrixCourt of Appeals of Kentucky · 1925
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