Louisville & Nashville Railroad v. Graves' Assignee
Court of Appeals of Kentucky
Case 16 APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. The Circuit Court erred in refusing to grant a new trial. (24 Wisconsin,. 165-) There had been three trials, and in each a verdict for appellee. The-Court correctly overruled the motion for another. (L., C. and L. R. R. Co. v. Mahoney's adm’r, 7 Bush, 235; Danville and Nicholasville: T. P. Co. v. Stewart, 2 Met., 122; Sandford v. Smith, 5 Bush, 471.)
1Opinion of the Court
JUDGE COFER
delivered the opinion of the court.
1. The motion to strike out the amended petition was: properly overruled. Counsel admit that the propriety of filing it was involved, and made a question on the last appeal, and this Court failing to notice it, was equivalent to> deciding that it was properly filed.
2. The exception to the depositions of Kelly and Browning was general; went to the whole deposition; and some-part of each being competent, the exception was properly overruled.
3. We do not find any order overruling appellant’s objections to so much of Graves’ testimony as detailed what…
2Cases cited2 opinions
- Bennett v. RunyonCourt of Appeals of Kentucky · 1836
- Dorsey v. DoughertyCourt of Appeals of Kentucky · 1818
3Cited by27 opinions
- Lewis v. CommonwealthCourt of Appeals of Kentucky · 1910
- Hall v. CommonwealthCourt of Appeals of Kentucky · 1920
- Hoskins v. CommonwealthCourt of Appeals of Kentucky · 1920
- Hancock v. ChapmanCourt of Appeals of Kentucky · 1916
- Bronston's Admr. v. Bronston's HeirsCourt of Appeals of Kentucky · 1911
22 more not listed; retrieve them via the Exa API.