Buford v. Louisville & Nashville R. R.
Court of Appeals of Kentucky
Case 47 — DURESS APPEAL PROM JEFFERSON COMMON PLEAS COURT. 1. Fraud may be shown and made available at law as well as in equity. (Tribble v. Oldham, 5 J. J. Mar., 141.) "2. The appellee has neither pleaded nor proved a ratification. (Kerr on Fraud and Mistake, 296; 300 lb., 189; Story’s Eq.
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Case 47 — DURESS APPEAL PROM JEFFERSON COMMON PLEAS COURT. 1. Fraud may be shown and made available at law as well as in equity. (Tribble v. Oldham, 5 J. J. Mar., 141.) "2. The appellee has neither pleaded nor proved a ratification. (Kerr on Fraud and Mistake, 296; 300 lb., 189; Story’s Eq. Jur., section 239; 16 Md., 468; Dessaw’s Eq., volume 4, 651; Wait’s Actions and Defenses, article 5, 470; Pomeroy’s Eq., volume 2, section 964.) 3. The pretended ratification was obtained by duress. (Lightfoot v. Wallis, 12 Bush, 498; Adams Express Co. v. Noel:, 2 Duv., 564.) 4. The court below had no…
1Opinion of the CourtChief Justice Hines
This is an action by appellant against appellee, claiming damages for personal injury, alleged to have been -•caused by the gross negligence of appellee, while appellant was a passenger on one of its trains. Appellee denied negligence, alleged contributory negligence, pleaded a compromise, and a ratification of the compromise.
On the trial the court below, after the evidence on - each side had been heard, instructed the jury to find for appellee. The only question we need consider is whether there was error in granting this instruction.
The rule in this State as to peremptory instructions,…
2Cases cited1 opinion
- Hurst v. SelvidgeTennessee Supreme Court · 1847
3Cited by15 opinions
- Nugent v. Nugent's Ex'rCourt of Appeals of Kentucky (pre-1976) · 1940
- Missouri, Kansas & Texas Railway Co. v. CarterCourt of Appeals of Texas · 1895
- Nelson v. Black Diamond Mining Co.Court of Appeals of Kentucky · 1916
- Railway Co. v. CravensSupreme Court of Arkansas · 1892
- Chicago, St. Louis & New Orleans Railroad v. Armstrong's AdministratorCourt of Appeals of Kentucky · 1916
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