Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky, 1785-1951, Volume 5; Volume 153
Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell, Thomas Bell Monroe, John James Marshall, James Greene Dana, Benjamin Monroe, James P. Metcalfe, Alvin Duvall, William Pope Duvall Bush, John Rodman, Edward Warren Hines, Charles Cyrus Turner, Thomas Lewis Edelen, Thomas Robert McBeath, Robert G. Higdon, T. M. Jones, Amos Hall Eblen
J. Bradford, 1913
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action affirmed agent agreed alleged amount answer appellant appellee applied appointment attorney authority bank bond brought cause charge Circuit Court claim commissioner common Commonwealth condition consideration Constitution construction contract conveyed damages death debt Decided deed defendant direct duty effect election engine entered entitled evidence examination executed fact failed filed follows further give given ground hand held hold infant injury instruction interest issue judge judgment jury Kentucky killed land liability limitation March matter motion necessary negligence opinion paid parties passed person petition plaintiff pleaded possession present proceedings purchase question railroad reason received record recover referred refused road rule sold statement statute sufficient suit sustained tion tract train trial Trust verdict wife witness
Page 371 - If any one proposition could command the universal assent of mankind, we might expect it would be this — that the government of the Union, though limited in its powers, is supreme within its sphere of action.
Page 371 - States, which shall be made in pursuance thereof shall be the supreme law of the land," and by requiring that the members of the State legislatures and the officers of the executive and judicial departments of the States shall take the oath of fidelity to it.
Page 32 - The present capacity of taking effect in possession, if the possession were to become vacant, and not the certainty that the possession will become vacant before the estate limited in remainder determines, universally distinguishes a vested remainder from one that is contingent.
Page 367 - ... for such injury or death resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier...
Page 608 - An unconstitutional act is not a law; it confers no rights ; it imposes no duties ; it affords no protection ; it creates no office ; it is, in legal contemplation, as inoperative as though it had never been passed.
Page 368 - That in any action brought against any common carrier under or by virtue of any of the provisions of this Act to recover damages for injuries to, or the death of, any of its...
Page 735 - ... a verdict in favor of the defendant, on the ground that the...
Page 235 - Upon any agreement, that is not to be performed within one year from the making thereof...
Page 734 - State shall issue a receipt or bill of lading therefor and shall be liable to the lawful holder thereof for any loss, damage, or injury to such property caused by it or by any common carrier, railroad, or transportation company to which such property may be delivered or over whose line or lines such property may pass, and no contract, receipt, rule, or regulation shall exempt such common carrier, railroad, or transportation company from the liability hereby imposed: Provided, That nothing in this...
Page 466 - A conviction cannot be had upon the testimony of an accomplice unless it be corroborated by such other evidence as shall tend to connect the defendant with the commission of the offense; and the corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof.