Vertrees' Adm'r v. Newport News, Co.
Court of Appeals of Kentucky
Case 53 — PETITION ORDINARY APPEAL PROM HARD IN CIRCUIT COURT. I. At the time of plaintiff’s motion to dismiss without prejudice there had not been a final submission of the case within the meaning of subsection 1 of section 371 of the Civil Code, and the court erred in overruling the motion. , 2 Citations on the subject of peremxitory instructions: Reed v. Bragg,5 J. J. M., 620; Merritt v. Pollus, 16 B. M., 356; Jarman v. Howard, 3 Mar., 384; McPherson v. Hickmans, 1 Mon.,…
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Case 53 — PETITION ORDINARY APPEAL PROM HARD IN CIRCUIT COURT. I. At the time of plaintiff’s motion to dismiss without prejudice there had not been a final submission of the case within the meaning of subsection 1 of section 371 of the Civil Code, and the court erred in overruling the motion. , 2 Citations on the subject of peremxitory instructions: Reed v. Bragg,5 J. J. M., 620; Merritt v. Pollus, 16 B. M., 356; Jarman v. Howard, 3 Mar., 384; McPherson v. Hickmans, 1 Mon., 170;' Rowland v. Hanna, 2 B. M., 129; Basely v. Basely, 18 B. M., 93; Trotter v. Sanders, 7 J. J. M., 321; Slaughter v.…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OP THE COURT.
On trial of this action by a personal representative to recover damages for destruction of life by alleged willful neglect,, the following proceeding occurred at conclusion of plaintiff’s evidence: “ Defendant moved the court to instruct the jury peremptorily to find for defendant, which motion was fully heard by the court and sustained, to which the plaintiff excepted. And then moved the court to allow plaintiff to dismiss his cause of action without prejudice to a future trial, which motion was overruled. And the jury was instructed to .find for…
2Cited by23 opinions
- Arkansas & Louisiana Railway Co. v. SainSupreme Court of Arkansas · 1909
- Knight v. Illinois Cent. R. Co.Court of Appeals for the Sixth Circuit · 1910
- Chicago, R. I. & P. Ry. Co. v. ReynoldsSupreme Court of Oklahoma · 1932
- Gassman v. JarvisU.S. Circuit Court for the District of Indiana · 1899
- Schaffer v. Deemer Manufacturing Co.Mississippi Supreme Court · 1914
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