Curran v. Stein
Court of Appeals of Kentucky
Case 10 — Action on Contract fob Services Rendered — APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. Judgment for Defendants and Plaintiff Appeals. 3. We contend that the trial judge has no power to compel a jury by peremptory instruction to sign a verdict against their conscience and protest. 2. A peremptory instruction should never be given where there is a scintilla of evidence to support the opposing side. 3. In this case the evidence offered by the…
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Case 10 — Action on Contract fob Services Rendered — APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. Judgment for Defendants and Plaintiff Appeals. 3. We contend that the trial judge has no power to compel a jury by peremptory instruction to sign a verdict against their conscience and protest. 2. A peremptory instruction should never be given where there is a scintilla of evidence to support the opposing side. 3. In this case the evidence offered by the plaintiff, • if true, established his case beyond controversy. AUTHORITIES CITED. Fugate v. City of Somerset, 16 Rep., 807; Lon.…
1Opinion of the Court
Opinion op the court by
JUDGE HOBSON
Reversing.
Appellant filed this action in ordinary against appellees, alleging that they had employed him to investigate and prepare for adjustment a large number of claims growing out of the operation of the Louisville 'Southern Railroad, amounting in the aggrgate to the sum of $10,480.49; that he had performed the services, and they had agreed to pay him $300 therefor, but had paid him only $100 of the amount. He prayed judgment against them for the balance, $200. The answer was a traverse of the allegations of the petition. On the trial before the jury,…
2Cases cited2 opinions
- Gossom v. BadgettCourt of Appeals of Kentucky · 1869
- Thompson v. ThompsonCourt of Appeals of Kentucky · 1856
3Cited by12 opinions
- Estate of SharonCalifornia Supreme Court · 1918
- State v. PorteeWashington Supreme Court · 1946
- Lynch v. Snead Architectural Iron WorksCourt of Appeals of Kentucky · 1909
- Wigginton's Adm'r v. Louisville Railway Co.Court of Appeals of Kentucky (pre-1976) · 1934
- City of Ludlow v. AlbersCourt of Appeals of Kentucky (pre-1976) · 1934
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