Torain v. Terrell
Court of Appeals of Kentucky
CASE S4. — ACTION BY JOE TORAIN BY NEXT FRIEND AGAINST E. C. TERRILL, FOR DAMAGES FOR AN ASSAULT AND BATTERY. — May 4. Appeal, from McCracken Circuit Court. D. H. Hughes, Special Judge. Judgment for defendant. Plaintiff appeals.
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CASE S4. — ACTION BY JOE TORAIN BY NEXT FRIEND AGAINST E. C. TERRILL, FOR DAMAGES FOR AN ASSAULT AND BATTERY. — May 4. Appeal, from McCracken Circuit Court. D. H. Hughes, Special Judge. Judgment for defendant. Plaintiff appeals. We submit that the record shows the following errors to the prejudice of appellant: 1. Error in striking matter from the original petition. 2. Error in refusing to allow amended petition to be filed. 3. Error in setting aside first verdict and granting appellee a new trial. 4. Error in refusing to allow appellant to open and close the case. 5. Error of the court in…
1Opinion of the Court
OPINION op the Coubt by
Judge Settle
— Affirming.
Tlie appellant, Joe Torain, a young man 19 years of age, by next friend, instituted tbis action to recover *748of appellee, E. 0. Terrell, damages for an assault and battery alleged to have been committed npon him by the latter. There were two trials of the case. On the first trial the jury returned a verdict in favor of appellant for $1,000. This verdict was set aside, and a new trial granted appellee. The second trial resulted in a verdict and judgment for appellee. Appellant then asked a new trial, which was refused, and he has appealed.
Appellant’s…
2Cases cited1 opinion
- Owsley v. OwsleyCourt of Appeals of Kentucky · 1903
3Cited by22 opinions
- Brennon v. CommonwealthCourt of Appeals of Kentucky · 1916
- Johnson v. CommonwealthCourt of Appeals of Kentucky · 1920
- Louisville & N. R. R. v. Ueltschi's Admr.Court of Appeals of Kentucky · 1907
- Woods v. Kentucky Traction & Terminal Co.Court of Appeals of Kentucky (pre-1976) · 1933
- Johnston v. WilliamsCourt of Appeals of Kentucky · 1920
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