Legal Opinion

Loving v. Commonwealth

Court of Appeals of Kentucky

Decided May 7, 1898PublishedCited by 10 opinions

Case 73 — PETITION ORDINARY APPEAL PROM WARREN CIRCUIT COURT. 1. The jury was authorized by the court to find1 punitive damages and the _ verdict was for largely more than the actual damages, the larger portion of it being intended by the jury as punishment of all the defendants; surely, it can not he said that if the jury •had thought that the whole of the .punitive damages would fall on one of the defendants, the verdict would not have been different. 2. Where there is a…

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Case 73 — PETITION ORDINARY APPEAL PROM WARREN CIRCUIT COURT. 1. The jury was authorized by the court to find1 punitive damages and the _ verdict was for largely more than the actual damages, the larger portion of it being intended by the jury as punishment of all the defendants; surely, it can not he said that if the jury •had thought that the whole of the .punitive damages would fall on one of the defendants, the verdict would not have been different. 2. Where there is a joint verdict against several defendants and it) is necessary to. -grant a new trial as to one of them it must he…

1Opinion of the Court

JUDGE BUR.NAM

delivereh the opinion op the court.

This suit was instituted by appellees against appellant Loving and the firm of Buch & Perkins to recover damages for the malicious and wrongful’seizure of their stock of goods and the ejectment of appellees from their storeroom. The defendants filed a joint answer, denying liability, and the trial resulted in a joint verdict for appéllees against all the defendants for $200. They jointly made a motion for a new trial, which was granted to defendants, Buch & Perkins, but refused to appellant Loving, leaving the judgment standing against him.

Appell…

2Cases cited1 opinion

  1. Norris v. DoniphanCourt of Appeals of Kentucky · 1863

3Cited by10 opinions

  1. Harvey v. BellCourt of Appeals of Kentucky · 1904
  2. McGee v. VanoverCourt of Appeals of Kentucky · 1912
  3. Pence v. BryantWest Virginia Supreme Court · 1913
  4. Broudy-Kantor Co. v. LevinSupreme Court of Virginia · 1923
  5. Kealoha v. Halawa Plantation, Ltd.Hawaii Supreme Court · 1918

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