Bush v. Wathen
Court of Appeals of Kentucky
Case 72 — ACTION FOR INJURIES BY A DOG Appeal from Jefferson circuit court, law and equity division. 1. It was error to set aside the first verdict of the jury and grant a new trial; the newly.discovered evidence was merely cumulative.
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Case 72 — ACTION FOR INJURIES BY A DOG Appeal from Jefferson circuit court, law and equity division. 1. It was error to set aside the first verdict of the jury and grant a new trial; the newly.discovered evidence was merely cumulative. Respass v. McClanahan, Hardin, 342; Chambers v. Chambers’ Admr., 2 A. K. M., 348; Daniel v. Daniel, 2 J. J. M., 52; Ewing v. Price, 3 J. J. Mar., 520; McFarland’s Admr. v. Clark, 9 Dana, 134; Leonhart v. Stalzenberger, &e., 7 Bush, 209; Houston v. Kidwell, 83 Ky., 301; Graham & Waterman on New Trials, vol. 1, p. 486; vol. 3, pp. 1046, 1063. 2. Where a new trial…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion oe the coubt.
The right to recover in this action is based on section 68, Ivy. Stat., which reads as follows: “Every person owning, having or keeping any dog shall be liable to the party injured for all damages done by such dog. But no recovery shall be had in case the person injured is, at the time, upon the premises of the owner of the dog after night, or engaged in some unlawful act in the daytime.” The appellant, Bush, wa§ the owner of a St. Bernard dog; and, while he was such owner, it attacked, bit, and tore the face of the appellee, George Wathen, a…
2Cases cited3 opinions
- Louisville & Nashville Railroad v. BelcherCourt of Appeals of Kentucky · 1889
- Nichols v. SennittCourt of Appeals of Kentucky · 1880
- Becker v. CrowCourt of Appeals of Kentucky · 1870
3Cited by23 opinions
- Sorensen v. SorensenNebraska Supreme Court · 1903
- Brooks v. City of MontereyCalifornia Court of Appeal · 1930
- Cram v. Chicago, Burlington & Quincy Railway Co.Nebraska Supreme Court · 1909
- Kentucky Title Company v. HailCourt of Appeals of Kentucky (pre-1976) · 1927
- Hughey v. Fergus CountyMontana Supreme Court · 1934
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