Legal Opinion

Givens v. Berkley

Court of Appeals of Kentucky

Decided March 29, 1900PublishedCited by 15 opinions

Case 34 — Action fob Assault and Battery — APPEAL FROM BELL CIRCUIT COURT. JUDGMENT POR PLAINTIFF AND DEFENDANT APPEALS. 1. It was error to allow Dr. Kenyon to testify as to the health of the injured boy, Gillis Berkley, from fractured skull, when there was no such injury ®hown by the evidence. 2. Evidence as to any connection of tke appellant, Givens, in procuring an indictment against Miss Brashear was improper and prejudicial. (No brief in record.)

1Opinion of the Court

Opinion of the court by

JUDGE GDFFY

Reversing.

The appellee instituted tbis action in the Bell Circuit Court seeking to recover judgment against tlie appellant for an assault and battery alleged to have been' committed by appellant upon A. M. Berkley, a boy perhaps about sixteen years of age, the suit being by Gillis Berkley as next friend. The answer of appellant is a plea of son as-scmilt demesne, which was controverted by the reply of plain-tiif. A trial resulted in a verdict and judgment against the appellant for $1,500, and, his motion for a new trial having been overruled, he prosecutes…

2Cases cited4 opinions

  1. Crabtree v. AtchisonCourt of Appeals of Kentucky · 1892
  2. Louisville, Cincinnati & Lexington Railroad v. Mahony's adm'xCourt of Appeals of Kentucky · 1870
  3. Louisville & Nashville Railroad v. BrownCourt of Appeals of Kentucky · 1877
  4. Goldsberry v. StutevilleCourt of Appeals of Kentucky · 1814

3Cited by15 opinions

  1. Batick v. SeymourSupreme Court of Connecticut · 1982
  2. Coy v. Superior CourtCalifornia Supreme Court · 1962
  3. Hall v. Montgomery Ward & Co.Supreme Court of Iowa · 1977
  4. Hensley v. Paul Miller Ford, Inc.Court of Appeals of Kentucky (pre-1976) · 1974
  5. Sand Hill Energy, Inc. v. SmithKentucky Supreme Court · 2004

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