McMurtry v. Kentucky Central R. R.
Court of Appeals of Kentucky
Case 63 — PETITION EQUITY APPEAL PROM HARRISON CHANCERY COURT. 1. Appellee can not recover the interest paid, even if not due in the first place, the payment being purely voluntary. (City of Louisville v. Anderson, 79 Ky., 334.) 2. All judgments bear interest in this State except such as are embraced by sec. 6, art. 1, of chap. 60, Gen. Stats. 3. The appellant’s action was not for an “ injury to the person ” within the meaning of the statute.
Read the full summary
Case 63 — PETITION EQUITY APPEAL PROM HARRISON CHANCERY COURT. 1. Appellee can not recover the interest paid, even if not due in the first place, the payment being purely voluntary. (City of Louisville v. Anderson, 79 Ky., 334.) 2. All judgments bear interest in this State except such as are embraced by sec. 6, art. 1, of chap. 60, Gen. Stats. 3. The appellant’s action was not for an “ injury to the person ” within the meaning of the statute. The expression quoted has reference only to actions purely ex delicto, where the complaint is for trespass vi et armis upon the person. (Dyke v. Erie…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
The appellant, Frank' McMurtry, obtained a judgment against the Kentucky Central Railroad Company for a personal injury resulting from the negligence of its employes in the management of one of its trains, upon which he was a passenger. His attorney asked the company, by letter, if it desired to pay it without an execution, offering in such an event to furnish a statement of the amount. An affirmative answer being returned, he did so, and in it embraced interest upon the judgment from the date of its rendition, amounting to $1,491.06. By its terms…
2Cases cited2 opinions
- Underwood v. BrockmanCourt of Appeals of Kentucky · 1836
- City of Louisville v. HenningCourt of Appeals of Kentucky · 1866
3Cited by14 opinions
- Flint & Walling Manufacturing Co. v. BeckettIndiana Supreme Court · 1906
- Supreme Council Catholic Knights of America v. FenwickCourt of Appeals of Kentucky · 1916
- Kentucky West Virginia Gas Co. v. PreeceCourt of Appeals of Kentucky (pre-1976) · 1935
- Penny v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1913
- Kentucky Title Savings Bank & Trust Co. v. LanganCourt of Appeals of Kentucky · 1911
9 more not listed; retrieve them via the Exa API.