Taylor v. Howser
Court of Appeals of Kentucky
Case 58 — PETITION ORDINARY APPEAL EROM SHELBY CIRCUIT COURT. CITED Sedgwick on Damages, pp. 463, 638, 710, and notes. Graham & Waterman on New Trials, p. 1166. 2 E. D. Smith (N. Y.), 349, Richards v. Sanders. 2 Kent. 15. 20 111. 235. 24 Md. 108. 2 Mete. 155, Chiles v. Drake. 22 Mo. 334. 4 Wis. 67, Birchard v. Booth. 10 Barb. 621. 2 Bay, 466, Bacot v. Keith. 15 N. Y. 514. 2 Q. B. 917, Armytage v. Haley. Hilliard on Torts, 403. 11 Louisiana, 645, Donnell v. Sanford.
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Case 58 — PETITION ORDINARY APPEAL EROM SHELBY CIRCUIT COURT. CITED Sedgwick on Damages, pp. 463, 638, 710, and notes. Graham & Waterman on New Trials, p. 1166. 2 E. D. Smith (N. Y.), 349, Richards v. Sanders. 2 Kent. 15. 20 111. 235. 24 Md. 108. 2 Mete. 155, Chiles v. Drake. 22 Mo. 334. 4 Wis. 67, Birchard v. Booth. 10 Barb. 621. 2 Bay, 466, Bacot v. Keith. 15 N. Y. 514. 2 Q. B. 917, Armytage v. Haley. Hilliard on Torts, 403. 11 Louisiana, 645, Donnell v. Sanford. CITED Civil Code, sections 370, 107. Graham & Waterman on New Trials, pp. 448, 449. Hardin’s Rep. 587, Taylor v. Geiger Sedgwick…
1Opinion of the CourtChief Justice Lindsay
The jury found that the shooting of Taylor was an unlawful act. The court had properly instructed them that if they believed the shooting to be without justification or excuse they should give to the plaintiff, in the way of damages, the value of his services during the time he was disabled by his wounds, and the amount he reasonably expended for medicines and medical attention in effecting his cure. As to these matters of special damages the proof was clear, consistent, and conclusive. By finding one cent in damages the jury disregarded this proof and disobeyed the positive and peremptory…
2Cases cited1 opinion
- Colyer v. HuffCourt of Appeals of Kentucky · 1813
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- Shipley v. Virginian Ry. Co.West Virginia Supreme Court · 1920
- Ashland Coca Cola Bottling Co. v. BradyCourt of Appeals of Kentucky (pre-1976) · 1933
- Galliaer v. Southern Harlan Coal Co.Court of Appeals of Kentucky (pre-1976) · 1932
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