Fugate v. City of Somerset
Court of Appeals of Kentucky
Case 10 — PETITION ORDINARY APPEAL FROM PULASKI CIRCUIT COURT. 1. Denials in the conjunctive are not good. (Cincinnati, &e., R. Co. v. Barker, 14 Ky. Law Rep., 750.) 2. A peremptory instruction should not be given in any case unless it appears that admitting the testimony to be true and every inference fairly deducible from it the plaintiff has failed to support his claim.
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Case 10 — PETITION ORDINARY APPEAL FROM PULASKI CIRCUIT COURT. 1. Denials in the conjunctive are not good. (Cincinnati, &e., R. Co. v. Barker, 14 Ky. Law Rep., 750.) 2. A peremptory instruction should not be given in any case unless it appears that admitting the testimony to be true and every inference fairly deducible from it the plaintiff has failed to support his claim. (Bell v. Rowland, Hardin, 301; Gallatin v. Bradford, 1 Bibb, 209; Dodge v. Bank of Ky., 2 Mar., 612; Jackson v. Holliday, 3 Mon., 366; Curie v. Beers, 3 J. J. Mar.,173; Munsel v. Bartlett, 6 J. J. Mar., 22; Gregory v.…
1Opinion of the Court
JUDGE GRACE
delivered the opinion of the court.
This is an appeal from a judgment of the Pulaski Circuit Court, dismissing plaintiff’s petition for damages claimed against the city of Somerset.
Plaintiff alleged in his petition that prior to August, 1889, the defendant, by its agents and officers, placed, or suffered and permitted others to place, large piles of lumber on one of its principal streets, whereby same was made and left in an unsafe and dangerous condition for public travel, and so suffered and permitted same to remain for a considerable length of time, and that while in this…
2Cited by13 opinions
- Johnson v. Mobile & Ohio RailroadCourt of Appeals of Kentucky · 1917
- Elam v. City of Mt. SterlingCourt of Appeals of Kentucky · 1909
- Poll v. PattersonCourt of Appeals of Kentucky · 1917
- City of Glasgow v. GillenwatersCourt of Appeals of Kentucky · 1902
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. HansfordCourt of Appeals of Kentucky · 1917
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