Blackwood v. Tanner
Court of Appeals of Kentucky
Case 75. — Action to Recover Tolls Lost by Reason of the Operation of a Rival Ferry by Defendants. — appeal from m’lean circuit court. Judgment for Plaintiffs and Defendants Appeal, and Plaintiffs Prosecute a Cross Appeal. .SYNOPSIS OF POINTS DISCUSSED AND AUTHORITIES. 1. There is a misjoinder of parties plaintiff.
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Case 75. — Action to Recover Tolls Lost by Reason of the Operation of a Rival Ferry by Defendants. — appeal from m’lean circuit court. Judgment for Plaintiffs and Defendants Appeal, and Plaintiffs Prosecute a Cross Appeal. .SYNOPSIS OF POINTS DISCUSSED AND AUTHORITIES. 1. There is a misjoinder of parties plaintiff. The court should have sustained the motion of defendants to require the plaintiffs to elect which one of them would prosecute the cause of action. 2. The damages sought to be recovered are so remote, contingent and uncertain as to furnish no cause of action. It can not certainly be…
1Opinion of the Court
Opinion op the coubt by
JUDGE BURNAM —
Aepieming.
This case is the sequel of the decision of this court in Warren v. Tanner, 21 R., 1678 (56 S. W., 167) (49 L. R. A., 248). In that case this court affirmed a judgment of the circuit court enjoining appellants from operating an unlicensed ferry within less than a mile of appellees’ licensed ferry across Green river between the counties of McLean and Webster. After the decision in that case, appellees instituted this suit against appellants, seeking to recover toll lost by them in consequence of the operation of their ferry by appellants; second,…
2Cases cited3 opinions
- City of Newport v. Taylor's Ex'rsCourt of Appeals of Kentucky · 1855
- Louisville & Nashville Railroad v. CommonwealthCourt of Appeals of Kentucky · 1897
- Owens v. RobertsCourt of Appeals of Kentucky · 1869
3Cited by1 opinion
- Hatten v. TurmanCourt of Appeals of Kentucky · 1906