New Ellerslie Fishing Club v. Stewart
Court of Appeals of Kentucky
Case 2 — ACTION BY JOHN STEWART AGAINST THE NEW ELLERSLIE FISHING CLUB & WILL PROCTOR FOR DAMAGES FOR A PERSONAL INJURY. — Appeal from Fayette Circuit Court. Watts Parker, Circuit Judge. Judgment for plaintiffs. Defendants, appeal. POINTS AND AUTHORITIES. 1. The plaintiff should have been required to elect as against which defendant he would prosecute his action. (Warax v. Railway Co., 72 Fed. 637; Hukill v. Railroad Co., Id. 745; Gustafson v. Chicago, &e.
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Case 2 — ACTION BY JOHN STEWART AGAINST THE NEW ELLERSLIE FISHING CLUB & WILL PROCTOR FOR DAMAGES FOR A PERSONAL INJURY. — Appeal from Fayette Circuit Court. Watts Parker, Circuit Judge. Judgment for plaintiffs. Defendants, appeal. POINTS AND AUTHORITIES. 1. The plaintiff should have been required to elect as against which defendant he would prosecute his action. (Warax v. Railway Co., 72 Fed. 637; Hukill v. Railroad Co., Id. 745; Gustafson v. Chicago, &e. R. Co., 128 Id. 85; Shaffer v. Union Brick Co., Id. 97. 2. The burden of proof was upon the defendants. (Phillips v. Mann, 19 K. L. R.…
1Opinion of the Court
Opinion by
John I). Carroll, Commissioner
Affirming.
The appellant the Ellerslie Fishing Club owns and bas the exclusive fishing privileges in the lakes and pools of water of the Lexington Hydraulic & Manufacturing Company, and the appellant Will Proctor *10was an employe of the fishing clnb; his duties being to prevent persons from fishing, who have not been granted that privilege. The appellee was an employe of the hydraulic and manufacturing company, and by virtue of privileges extended to employes of the company was engaged in fishing in one of the pools, when Proctor, in an attempt to prevent…
2Cases cited8 opinions
- Illinois Central Ry. Co. v. HouchinsCourt of Appeals of Kentucky · 1905
- Sullivan v. L. & N. R. R.Court of Appeals of Kentucky · 1903
- Andrews v. Hayden's Adm'rCourt of Appeals of Kentucky · 1889
- Wise v. Covington & Cincinnati Street Railway Co.Court of Appeals of Kentucky · 1891
- Williams' Admr. v. Southern RailwayCourt of Appeals of Kentucky · 1903
3 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Carr v. Wm. C. Crowell Co.California Supreme Court · 1946
- Davis v. MerrillSupreme Court of Virginia · 1922
- Lange v. National Biscuit CompanySupreme Court of Minnesota · 1973
- Hiroshima v. Pacific Gas & Electric Co.California Court of Appeal · 1936
- Robards v. P. Bannon Sewer Pipe Co.Court of Appeals of Kentucky · 1908
29 more not listed; retrieve them via the Exa API.