Morgan v. Thompson
Court of Appeals of Kentucky
Case 63 — ACTION, WILLFUL KILLING APPEAL PROM JEPPERSON CIRCUIT OOURT. I. Willful neglect is equivalent to intentional wrong, or a recklessness evidencing the absence of ail care and precaution for the safety and protection of others. It is quasi criminal. ’2. The case certainly.comes up to the high standard of willful neglect in every particular. A The burden of proof is on the plaintiff to show neglect, then the jury must say what degree of neglect it is.
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Case 63 — ACTION, WILLFUL KILLING APPEAL PROM JEPPERSON CIRCUIT OOURT. I. Willful neglect is equivalent to intentional wrong, or a recklessness evidencing the absence of ail care and precaution for the safety and protection of others. It is quasi criminal. ’2. The case certainly.comes up to the high standard of willful neglect in every particular. A The burden of proof is on the plaintiff to show neglect, then the jury must say what degree of neglect it is. (McFarland v. McKnight, 6 B. Mon., 506; Kauntz v. Brown, 16 B. Mon., 582.) 1. The master is not liable for the willful and malicious acts…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OP THE COURT.
This is an action by an administrator against the owners of a steam-boat to recover damages for the loss of the life of the intestate, who was shot and killed by the second mate of the vessel.
"Upon the conclusion of the evidence introduced on the trial by the plaintiff, the jury, under a peremptory instruction by the court, returned a verdict for the defendant, and judgment, having been rendered in accordance with the verdict, the plaintiff appeals.
*384It is in substance alleged that the defendants were before and at the time of the killing owners of…
2Cases cited1 opinion
- Spring's adm'r v. GlennCourt of Appeals of Kentucky · 1876
3Cited by1 opinion
- Howard's Admr. v. HunterCourt of Appeals of Kentucky · 1907