Legal Opinion

Pitman v. Drown

Court of Appeals of Kentucky

Decided May 18, 1917PublishedCited by 10 opinions

Appeal from Graves Circuit Court.

1Opinion of the Court

Opinion of the Court by

William Rogers Clay, Commissioner

Reversing.

In this suit for damages for assault and battery by 5. E. Drown against J. M. Pitman, plaintiff recovered a verdict and judgment for $700.00, and the defendant appeals.

The principal error relied on for reversal is the refusal of the trial court to permit the defendant to assume the burden of proof and to have the closing argument.

The petition charges that the defendant “wilfully and maliciously assaulted, shot and wounded this plaintiff,” etc. The first paragraph of the answer denies that the defendant “wilfully and maliciously…

2Cases cited6 opinions

  1. Torain v. TerrellCourt of Appeals of Kentucky · 1906
  2. Cincinnati, R. v. BarkerCourt of Appeals of Kentucky · 1893
  3. Johnson v. DailyMissouri Court of Appeals · 1909
  4. Robertson v. SiskSupreme Court of Arkansas · 1914
  5. Shirley v. RenickCourt of Appeals of Kentucky · 1912

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Louisville Nashville Railroad Co. v. HargisCourt of Appeals of Kentucky (pre-1976) · 1929
  2. Home Insurance Co. of N.Y. v. JohnsonCourt of Appeals of Kentucky (pre-1976) · 1928
  3. Sturgeon v. BakerCourt of Appeals of Kentucky (pre-1976) · 1950
  4. Waller v. Lee CountyCourt of Appeals of Kentucky · 1920
  5. Security Life Insurance Co. of America v. Duncan's AdministratorCourt of Appeals of Kentucky · 1919

5 more not listed; retrieve them via the Exa API.

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