Legal Opinion

Digby v. Kenton Iron Co.

Court of Appeals of Kentucky

Decided September 22, 1871PublishedCited by 3 opinions

Case 33 — PETITION— APPEAL FROM CAMPBELL CIRCUIT COURT. Civil Code, section 675; 670, subdivision 6. Constitution of the United States, section 2, article 3. Story on Constitution, section 1666. Rawle on Constitution, chapter 21, page 202. Judiciary Act, 1789, 1 Statutes at Large U. S. 73. Benedict’s Admiralty, sections 217, 221. Shearman & Redfield on Negligence, sections 23, 33, 34. 5 Howard, 458, Waring v. Clark. 1 Kent, section 17, page 351. 1 Blackstone (Tucker’s),…

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Case 33 — PETITION— APPEAL FROM CAMPBELL CIRCUIT COURT. Civil Code, section 675; 670, subdivision 6. Constitution of the United States, section 2, article 3. Story on Constitution, section 1666. Rawle on Constitution, chapter 21, page 202. Judiciary Act, 1789, 1 Statutes at Large U. S. 73. Benedict’s Admiralty, sections 217, 221. Shearman & Redfield on Negligence, sections 23, 33, 34. 5 Howard, 458, Waring v. Clark. 1 Kent, section 17, page 351. 1 Blackstone (Tucker’s), appendix, 181, 182. 2 Elliott’s Debates, 390. 49 Illinois, 501. 1 Wheat. 333, Martin v. Hunter. 12 Howard, 443, Gennessee…

1Opinion of the CourtChief Justice Pryor

The appellees, the Kenton Iron Company, instituted their action by ordinary proceeding in the Campbell Circuit Court to recover of the appellants, J. S. Digby and others, damages for the loss of a boat-load of coke, caused, as they allege, by the negligence of the appellants in bringing about a collision between a wood-boat they were at the time controlling and the coke-boat of the appellees, on the waters of the Ohio .River, near Newport.

The appellants filed their answer, containing various defenses in separate paragrajflis, and also a counter-claim, in which they allege that the appellees…

2Cases cited1 opinion

  1. Marshall & Kilpatrick v. CurtisCourt of Appeals of Kentucky · 1869

3Cited by3 opinions

  1. Johnson v. Westerfield's Admr.Court of Appeals of Kentucky · 1911
  2. Rounds v. Cloverport Foundry & Machine Co.Court of Appeals of Kentucky · 1914
  3. Frankfort Elevator Coal Co. v. PrewettCourt of Appeals of Kentucky (pre-1976) · 1926

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