Russell v. Wilson
Court of Appeals of Kentucky
Appeal from the Montgomery Circuit. Case. Case 68. Case slated. To say that ‘Will-son helcIFoster’s horsewhilst Foster knocked the defendant off his horse, put M¡> hand in his pocket and said the damned old rascal had’ no money, and he would take his tobacco-for his trouble: The one held while the other skinned,’ is not actionable — importing the commission no felony-
1Opinion of the Court
Judge Beeck
delivered the opinion of the Court!
There is no material variance between the words proven upon the trial and as laid in the declaration ; but we are of opinion the words proven, or which the testimony conduced to prove, were insufficient to sustain the plaintiff’s action.
The testimony conduces to prove that the defendant made this declaration: that Wilson held Foster’s-horse whilst Foster knocked defendant off his horse, put his hand in his pocket, and said the damned old rascal had no money, and he would take his tobacco for his- trouble ; that one held while the other skinned.…
2Cited by2 opinions
- Curtis v. IsemanCourt of Appeals of Kentucky · 1910
- Pillow v. DuncanCourt of Appeals of Kentucky · 1878