Hobbs v. L., H. & St. L. Ry. Co.
Court of Appeals of Kentucky
CASE 1. — ACTION BY ROY HOBBS AGAINST LOUISVILLE H. & ST. L. RY CO. INVOLVING THE RIGHT OF THE PLAINTIFF, AFTER DISMISSING HIS ACTION WITHOUT PREJUDICE, TO INSTITUTE ANOTHER WITHOUT PAYING THE COSTS OF THE FIRST ACTION. Appeal from Henderson Circuit Court. J. W. Henson, Circuit Judge. From] a judgment of dismissal plaintiff appeals.
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CASE 1. — ACTION BY ROY HOBBS AGAINST LOUISVILLE H. & ST. L. RY CO. INVOLVING THE RIGHT OF THE PLAINTIFF, AFTER DISMISSING HIS ACTION WITHOUT PREJUDICE, TO INSTITUTE ANOTHER WITHOUT PAYING THE COSTS OF THE FIRST ACTION. Appeal from Henderson Circuit Court. J. W. Henson, Circuit Judge. From] a judgment of dismissal plaintiff appeals. POINTS AND AUTHORITIES CITED. 1. If there was ever a case that will appeal to or touch the heart of a court it seems to us it is the case at bar. Here is a boy fifteen years old, delicate, weak, with his arm amputated, unable to work, who sues by his father and…
1Opinion of the Court
Opinion of the Court by
Judge Carroll
Reversing-
The only question involved in this case is whether or not a party who has dismissed without prejudice his action will be allowed to maintain another suit upon the same cause against the same parties until he has satisfied the costs adjudged against him in the dismissed action. The appellant — for what reason the record does not disclose — dismissed without prejudice an action brought against appellee, and soon afterwards instituted another based on the same cause. In the action that was dismissed appellee recovered judgment for $47, its costs in…
2Cases cited1 opinion
- Westerfield v. WilsonCourt of Appeals of Kentucky · 1876
3Cited by3 opinions
- Turrentine v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1910
- Davis v. DavisCourt of Appeals of Kentucky · 1918
- Sampson v. MorrisonCourt of Appeals of Kentucky (pre-1976) · 1935