Anderson v. Arnold's ex'r
Court of Appeals of Kentucky
Case 76 — ORDINARY APPEAL FROM HARDIN CIRCUIT COURT. 1. An “assault and battery,” within the meaning of chapter 10, section 1, General Statutes, is an intentional injury. 2. Under this statute, actions seeking compensation for actual injury done the person or the estate of the plaintiff, do not die with the person. 1. This is an action for assault and battery, although the shooting is charged to have been unintentional, and the action died with the person who did the injury.
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Case 76 — ORDINARY APPEAL FROM HARDIN CIRCUIT COURT. 1. An “assault and battery,” within the meaning of chapter 10, section 1, General Statutes, is an intentional injury. 2. Under this statute, actions seeking compensation for actual injury done the person or the estate of the plaintiff, do not die with the person. 1. This is an action for assault and battery, although the shooting is charged to have been unintentional, and the action died with the person who did the injury. (Gen. Stat., chap. 10, sec. 1.) :2. For an injury which is immediate and not consequential, trespass is the proper…
1Opinion of the Court
-JUDGE PRYOR
delivered the opinion of the court.
Section 1 of chapter 10, General Statutes, provides: “no fight of action for personal injury, or injury to real or personal estate, shall cease or die with the person injuring or the person injured, except actions for assault and battery, •slander, criminal conversation, and so much of the action for malicious prosecution as is intended to recover for the personal injury; but for any injury other than those excepted, an action may be brought or revived by the personal representative or against the personal representative, heir, or devisee, in the…
2Cited by11 opinions
- Brown v. WightmanUtah Supreme Court · 1915
- Shields' Admrs. v. RowlandCourt of Appeals of Kentucky · 1912
- Lewis' Admr. v. Taylor Coal Co.Court of Appeals of Kentucky · 1902
- Graham v. JewellCourt of Appeals of Kentucky · 1924
- Perkins v. Stein & Co.Court of Appeals of Kentucky · 1893
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