Court of Appeals of Kentucky (pre-1976) Court Cases

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  1. American Beauty Homes Corp. v. LOUISVILLE, ETC. (1964)

    This is a zoning case which raises a very important question of administrative appeal procedure. Appellant, the owner of a tract of land in Jefferson County, sought to have the zoning classification changed from a one family residential district to a "D-1" commercial district. The Zoning Commission denied the request. The circuit court, on a trial "de novo" under KRS 100.057(2), upheld the ruling of the Commission.


    Court: Court of Appeals of Kentucky (pre-1976)
  2. Workman v. Commonwealth (1968)

    This appeal is from an adverse ruling on a motion to vacate the judgment under RCr 11.42 made by appellants, who are presently incarcerated in the Kentucky State Penitentiary at Eddyville, Kentucky. The motion sought to set aside a judgment rendered in the Jefferson Circuit Court wherein the appellants were sentenced to confinement in the state penitentiary for life, without benefit of parole, under the provisions of KRS 435.090. The charge was forcible rape and the facts surrounding the act [...]

    Court: Court of Appeals of Kentucky (pre-1976)
  3. Osborne v. Johnson (1968)

    The Workmen's Compensation Board made an award of compensation to Richard Johnson on the basis of 15 percent permanent partial disability. On appeal to the circuit court judgment was entered settting aside the board's order and remanding the case to the board with directions to enter an award for total permanent disability. Johnson's employer has appealed.


    Court: Court of Appeals of Kentucky (pre-1976) Docket: As Modified on Denial of Rehearing November 1, 1968
  4. Strunk v. Strunk (1969)

    The specific question involved upon this appeal is: Does a court of equity have the power to permit a kidney to be removed from an incompetent ward of the state upon petition of his committee, who is also his mother, for the purpose of being transplanted into the body of his brother, who is dying of a fatal kidney disease? We are of the opinion it does.


    Court: Court of Appeals of Kentucky (pre-1976)
  5. Kentucky State Racing Commission v. Fuller (1972)

    This appeal from the Franklin Circuit Court was filed in this court on March 8, 1971. Filed with the record were five volumes, 1162 pages, of the proceedings before the Stewards and fourteen volumes, 2860 pages, of the proceedings before the Kentucky State Racing Commission. Appellants' brief was filed on July 30, 1971; appellee filed his brief on September 20, 1971. Appellants filed a reply brief on December 9, 1971, and appellee filed a responsive brief on January 13, 1972.


    Court: Court of Appeals of Kentucky (pre-1976)
  6. Bender v. Eaton (1961)

    This is an original proceeding for an order prohibiting respondent from enforcing his circuit court order which requires petitioners to produce and permit an adverse party to inspect, copy or photograph medical reports of a number of physicians. The question involves the application of Rule 37.02 of our Civil Rules.


    Court: Court of Appeals of Kentucky (pre-1976)
  7. Holmes v. Powers (1968)

    This, to say the least, is an unusual case. The appellants, county health officer and local medical society of Whitley County, seek a declaratory judgment to the effect that they can sterilize the appellee, a 35-year-old unmarried woman who is mentally retarded and has two illegitimate children (one of whom also is retarded), without civil or criminal liability to themselves. They appeal from an adjudication that they "cannot legally perform a sexual sterilization operation upon the defendant [...]

    Court: Court of Appeals of Kentucky (pre-1976)
  8. Jones v. Hallahan (1973)

    The appellants, each of whom is a female person, seek review of a judgment of the Jefferson Circuit Court which held that they were not entitled to have issued to them a license to marry each other.


    Court: Court of Appeals of Kentucky (pre-1976) Docket: November 9, 1973
  9. Haney v. City of Lexington (1964)

    Alene Faye Haney, age seven, met her death by drowning in the Woodland Park swimming pool in Lexington. The administratrix of her estate filed suit against the City and alleged that the child's death was caused by negligent operation of the pool by the City of Lexington. The City defended on the ground that maintenance and operation of parks and recreational facilities are classified as governmental — not proprietary — functions and, therefore, a municipal corporation is not liable for the [...]

    Court: Court of Appeals of Kentucky (pre-1976)
  10. Abernathy v. Commonwealth (1969)

    George William Abernathy, David Lee Hodges, Frank Thomas Hollins and Julius Robinson were jointly indicted on two counts of armed robbery. KRS 433.140. Abernathy was found guilty on both counts and sentenced to 10 years on each, the terms to run consecutively. Hodges and Robinson were found guilty and sentenced to 10 years on one count. Abernathy and Hodges appeal.


    Court: Court of Appeals of Kentucky (pre-1976)
  11. King v. Shelby Rural Electric Cooperative Corp. (1973)

    This is an appeal from a summary judgment dismissing appellant's claim. It involves the tort liability of Shelby Rural Electric Cooperative Corporation, hereinafter referred to as Shelby, to an employee of its independent contractor, Electricom, Inc.


    Court: Court of Appeals of Kentucky (pre-1976) Docket: November 9, 1973
  12. Gateway Construction Company v. Wallbaum (1962)

    Gateway Construction Company appeals from a judgment sustaining an award of the Workmen's Compensation Board in favor of Edward Wallbaum. Gateway had a contract to alter and repair a dwelling in Louisville. It had a subcontract with John G. Straub to do the roofing work. On June 6, 1960, while working for Straub on the job, Wallbaum fell from a ladder and was injured.


    Court: Court of Appeals of Kentucky (pre-1976)
  13. Jones v. Hutchinson Manufacturing, Inc. (1973)

    This is a product liability case. The issue is whether the manufacturer of a grain auger, an item of farm machinery, is subject to liability for negligence or for using an unreasonably dangerous design of its product in the factual circumstances presented.


    Court: Court of Appeals of Kentucky (pre-1976)
  14. Newman v. Stinson (1972)

    The appellee, Lee Stinson, was arrested by police officers in Louisville, Kentucky, at a time when he was nearly "passed out" behind the steering wheel of his automobile. The automobile was stopped at a street intersection with the motor running. It had not moved for some time although the traffic light had changed several times prior to the arrest.


    Court: Court of Appeals of Kentucky (pre-1976)
  15. Harris v. Thompson (1973)

    Just before the break of dawn on February 16, 1968, an automobile being driven by the appellee William B. Sechrest, Jr., southward on U. S. Highway 25 from his home in Georgetown toward his place of employment in Lexington passed over a patch of ice on the road, went out of control, turned over and struck two ladies standing by a fence near the east or northbound side of the highway. One of the ladies, Mrs. Reese, was killed and the other, Mrs. Harris, was severely injured.


    Court: Court of Appeals of Kentucky (pre-1976)
  16. Jones v. Rayborn (1961)

    On November 20, 1946, appellee, Benjamin F. Rayborn, was sentenced to life imprisonment by the Jefferson Circuit Court for the crime of armed robbery, and on the same day he was admitted to the Kentucky State Penitentiary at Eddyville for the purpose of serving his term. On March 18, 1947, he was tried in the United States District Court for the Western District of Kentucky and there found guilty under fourteen counts of an indictment. He received the maximum sentence of five years' [...]

    Court: Court of Appeals of Kentucky (pre-1976)
  17. Pike v. George (1968)

    Appellant, Reginald Owen Pike, sued appellees for damages to compensate him for the injuries he received on January 15, 1966, while riding as a passenger in a motor vehicle owned and operated by another minor, Jeffrey Allen. Appellant alleged that the appellees "owned and managed a retail package liquor store," of which Dr. Salem George was the licensee, and that they "wilfully and maliciously, in violation of KRS 244.080, sold and delivered a one-fifth-gallon of intoxicating liquor to three [...]

    Court: Court of Appeals of Kentucky (pre-1976) Docket: November 29, 1968
  18. Louisville and Nashville Railroad Co. v. Fisher (1962)

    Marvin Fisher was killed when one of defendant's freight trains struck the automobile he was driving at a railroad crossing in Jefferson County. A jury awarded his estate $162,121.50. The defendant appeals, contending it was entitled to a directed verdict.


    Court: Court of Appeals of Kentucky (pre-1976)
  19. Maddox v. Grauman (1954)

    On December 28, 1952, Billy J. Montgomery, a passenger in an automobile driven by petitioner, Lewis R. Maddox, was injured when the vehicle skidded on an icy street in Louisville and struck a utility pole. Montgomery filed a tort action against Maddox and another defendant, Peacock Coal Company. The liability of the latter is predicated upon its alleged negligence in permitting water from its premises to accumulate and freeze on the street where the accident occurred, making it slick and unsafe [...]

    Court: Court of Appeals of Kentucky (pre-1976)
  20. Chambers v. Ideal Pure Milk Co. (1952)

    About 3 o'clock in the morning of February 10, 1941, the appellees' horse drawn, lighted milk wagon moved northwardly along Center Street, Owensboro, and proceeded to turn left in a westerly direction into Fourth Street, which is U.S. 60, designated by city ordinance as an arterial highway. Before the left turn could be completed it was cut in two by a speeding automobile driven without lights by Wren Shearer, who was fleeing from city policemen, the appellants, Robert Chambers and Jack Long, [...]

    Court: Court of Appeals of Kentucky (pre-1976)

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