Louisville, R. v. Schick
Court of Appeals of Kentucky
Case 28 — PETITION- ORDINARY — 1. It was error to send the jury to view the premises after the case was finally submitted to them, the information received by the view being evidence. (Civil Code, secs. 318, 319, 321; City of Topeka v. Martineau, 5 L. R. A., 775; People v. Bush, 68 Cal.,' 623; Burton v. State, 30 Ark„ 328; Railroad Co. v. Dunlap, 47 Mich., 456; State v. Bertin, 24 La. An., 46; Eastwood v. People, 3 Parke Cv.
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Case 28 — PETITION- ORDINARY — 1. It was error to send the jury to view the premises after the case was finally submitted to them, the information received by the view being evidence. (Civil Code, secs. 318, 319, 321; City of Topeka v. Martineau, 5 L. R. A., 775; People v. Bush, 68 Cal.,' 623; Burton v. State, 30 Ark„ 328; Railroad Co. v. Dunlap, 47 Mich., 456; State v. Bertin, 24 La. An., 46; Eastwood v. People, 3 Parke Cv. Cas., 25; Or'tman v. Railway Co, 32 Kan., 419; Washburn v. Railroad Co., 59 Wis., 364; Thompson on Trials, sec. 893.) It is the right of a party to have the court…
1Opinion of the CourtChief Justice Bennett
Wm. Schick, husband of tke appellee, resided in Jefferson county, a short distance from the city of Louisville. On the 29th of July, 1883, he visited Louisville in a jersey wagon, and after finishing the business that took him to the city, he started home, taking Mrs. Becker, wife of his neighbor, and Mr. Pkister, another neighbor, in the wagon to ride home with him. As they approached the place where the appellant’s trains cross Eighteenth street in the city limits, they received warning, by the customary signals, of' the approach of a train of cars. They stopped and awaited the passage of…
2Cited by2 opinions
- Williams v. LarkinCourt of Appeals of Kentucky · 1954
- Branch v. WhitakerCourt of Appeals of Kentucky · 1956