Schmitz v. South Cov. & Cin. St. Ry. Co.
Court of Appeals of Kentucky
CASE 2d. — ACTION BY FREDERICK W. SCHMITZ AGAINST THE SOUTH COVINGTON & CINCINNATI STREET RAILWAY CO. TO RECOVER AN ATTORNEYS FEE Appeal from Kenton Circuit Court. W. McD. SAaw, Circuit Judge. Judgment for defendant. Plaintiff appeals CONCLUSION.
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CASE 2d. — ACTION BY FREDERICK W. SCHMITZ AGAINST THE SOUTH COVINGTON & CINCINNATI STREET RAILWAY CO. TO RECOVER AN ATTORNEYS FEE Appeal from Kenton Circuit Court. W. McD. SAaw, Circuit Judge. Judgment for defendant. Plaintiff appeals CONCLUSION. It is submitted on behalf of appellant, that the judgment of the Kenton Circuit Court was erroneous upon both contentions herein advanced by the appellant, to-wit: 1. The settlement herein was upon a basis of $3,000.00, and the-appellant was entitled to a fee of $1,500.00. It is on such a basis, alone, that Mrs. Linss could retain $1,500.00 as her…
1Opinion of the Court
Opinion op the Court by
Judge Carroll
Affirming.
" The appellant, an attorney at law, was employed by Mrs. Linns to prosecute an action against the appellee •company to recover damages for injuries received through its negligence. She agreed in writing “to pay him for his services as such attorney a fee equal to 50 per cent, of any sum collected or recovered by suit, compromise, or otherwise.” After the action had been instituted against the company, a settlement of the claim was made between the company and Mrs. Linns, under which she was paid $1,500. The company further agreed, as a part of…
2Cases cited3 opinions
- Pilkington v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Curtis v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1907
- Neu v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by6 opinions
- Sutton v. Chicago Railways Co.Illinois Supreme Court · 1913
- Johnson v. Great Northern Railway Co.Supreme Court of Minnesota · 1915
- Procter v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1913
- Sharp v. CultonCourt of Appeals of Kentucky (pre-1976) · 1936
- Procter v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1913
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