Hollingsworth v. Warnock
Court of Appeals of Kentucky
Case 6 — Action to Recover Damages for the Death of Plaintiff’s Husband APPEAL FROM GREENUP CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals This i.s the second time this case has been before this court. The petition alleges, in substance, that the appellee, Warnoek, not in his self defense, carelessly .and wantonly shot and killed appellant’s husband with a pistol, by which she was deprived of his protection, etc.
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Case 6 — Action to Recover Damages for the Death of Plaintiff’s Husband APPEAL FROM GREENUP CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals This i.s the second time this case has been before this court. The petition alleges, in substance, that the appellee, Warnoek, not in his self defense, carelessly .and wantonly shot and killed appellant’s husband with a pistol, by which she was deprived of his protection, etc. The appellee, in his original answer, denied that he, not in his self defense, carelessly or wantonly ..shot and killed deceased. Upon the second trial, appellee filed…
1Opinion of the Court
Opinion op the court by
JUDGE DURELLE
Reversing.
This was an action under section 4 of the Kentucky. Statutes, which provides: “The widow and minor child, or either or both of them, of a person killed by the careless, wanton or malicious use of firearms, or by any weapon popularly known as colts, brass knuckles., or slung-shots, or other deadly weapon or sand-bag or any imitation or substitute therefor, not in self-defense, may have an action against the person who committed the killing, and all others aiding or promoting, or any one or more of them; and in such action the jury may give…
2Cases cited3 opinions
- Hart v. CommonwealthCourt of Appeals of Kentucky · 1887
- Becker v. CrowCourt of Appeals of Kentucky · 1870
- Miller v. CommonwealthCourt of Appeals of Kentucky · 1888
3Cited by5 opinions
- Jones v. CommonwealthCourt of Appeals of Kentucky · 1921
- Sturgeon v. BakerCourt of Appeals of Kentucky (pre-1976) · 1950
- Graham v. Buffalo General Laundries Corp.Appellate Division of the Supreme Court of the State of New York · 1932
- Schilling v. HeringerCourt of Appeals of Kentucky (pre-1976) · 1934
- Benge v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1936