Doerhoefer v. Shewmaker
Court of Appeals of Kentucky
Case 87. — ACTION BY STEPHEN SHEWMAKER BY NEXT FRIEND AGAINST JOHN DOERHOEFER FOR DAMAGES FOR ASSAULT AND BATTERY. — Appeal from Jefferson Circuit Court (Common Pleas Branch, 3d Division.) Matt O’Doherty, Judge. Judgment for Plaintiff. Defendant appeals. CONCLUSION. Upon the whole ease, we submit to the court that there are five good and sufficient reasons why the' judgment should be reversed and this case sent back for a new trial.
Read the full summary
Case 87. — ACTION BY STEPHEN SHEWMAKER BY NEXT FRIEND AGAINST JOHN DOERHOEFER FOR DAMAGES FOR ASSAULT AND BATTERY. — Appeal from Jefferson Circuit Court (Common Pleas Branch, 3d Division.) Matt O’Doherty, Judge. Judgment for Plaintiff. Defendant appeals. CONCLUSION. Upon the whole ease, we submit to the court that there are five good and sufficient reasons why the' judgment should be reversed and this case sent back for a new trial. They are: 1. The appellant’s constitutional right of immunity from double punishment has been violated. g. His right to have a jury pass upon an issue of fact has…
1Opinion of the Court
Opinon by
Judge Settle
Affirming.
Appellee, Stephen Shewmaker, an infant 15 years, of ag'e, suing by his mother and next friend, Minnie Shewmaker, recovered in the court below of the ap*651pellant, John Doerhoefer, in an action of assault and battery, a verdict and judgment for $5,000 in damages. Appellant was refused a new trial and has appealed.
The evidence shows that appellee was in the employ of an asphalt company, which was engaged in the work of reconstructing Green street in the city of Louisville. Appellee was required to sweep the street free of dirt and other obstructions in advance of the…
2Cases cited5 opinions
- Chiles v. DrakeCourt of Appeals of Kentucky · 1859
- Louisville & Nashville R. R. v. Kelly's AdministratrixCourt of Appeals of Kentucky · 1897
- Lucas v. HuntCourt of Appeals of Kentucky · 1891
- Jennings v. MaddoxCourt of Appeals of Kentucky · 1848
- Chicago, St. L. & N. O. R. Co. v. CoffeeCourt of Appeals of Kentucky · 1885
3Cited by11 opinions
- Barnett's Administrator v. BrandCourt of Appeals of Kentucky · 1915
- Louisville & Nashville R. R. v. RothCourt of Appeals of Kentucky · 1908
- Robinson v. Van HooserCourt of Appeals for the Sixth Circuit · 1912
- Illinois Central Railroad v. Outland's AdministratrixCourt of Appeals of Kentucky · 1914
- Lambert v. CorbinCourt of Appeals of Kentucky · 1922
6 more not listed; retrieve them via the Exa API.