Pollock's administrator v. Louisville
Court of Appeals of Kentucky
Case 33 — PETITION ORDINARY appeal prom jepperson common pleas court. 1. After evidence, by both appellee and appellant, was given to the jury, the court instructed the jury to find for the appellee, as in case of a non-suit. In this the court erred, as it was then bound to instruct the jury upon the law, and submit the evidence to the jury.
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Case 33 — PETITION ORDINARY appeal prom jepperson common pleas court. 1. After evidence, by both appellee and appellant, was given to the jury, the court instructed the jury to find for the appellee, as in case of a non-suit. In this the court erred, as it was then bound to instruct the jury upon the law, and submit the evidence to the jury. (Fightmaster v. Beasley, 7 J. J. Marsh. 412; Gregory v. Nesbit, 5 Dana, 421; Peebles v. Porter & Co., 7 Mon. 610; Jackson’s ex’rs v. Holliday, 3 Mon. 366; Hurt v. Miller, 3 Marsh. 336; 2 Tidd, 756; 14 George II, chap. 17; Dallam v. Handley, 2 Marsh. 424;…
1Opinion of the Court
JUDGE COFER
delivered the opinion op the court.
The appellant, as administrator of Hattie Pollock, deceased, brought this action against the city of Louisville to recover damages, under section 3 of chapter 57 of the General Statutes, for the loss of the life of his intestate through the alleged willful negligence of certain police officers.
The city, by its answer, put in issue all the material allegations of the petition.
At the ¿(inclusion of the evidence the court, on the motion of the city attorney, directed the jury to find for the defendant, which was done, and a judgment was rendered in…
2Cases cited3 opinions
- City of Richmond v. Long's Adm'rsSupreme Court of Virginia · 1867
- Dargan v. Mayor of MobileSupreme Court of Alabama · 1858
- Ready v. Mayor of TuskaloosaSupreme Court of Alabama · 1844
3Cited by15 opinions
- Board of Park Commissioner v. PrinzCourt of Appeals of Kentucky · 1907
- Culver v. City of StreatorIllinois Supreme Court · 1889
- Twyman's Admr. v. Board of CouncilCourt of Appeals of Kentucky · 1904
- Caspary v. City of PortlandOregon Supreme Court · 1890
- Schwalk's Adm'r v. City of LouisvilleCourt of Appeals of Kentucky · 1909
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