Barnes v. Triplett

Court of Appeals of Kentucky

Barnes v. Triplett

1 Ky. Op. 397, 1866 Ky. LEXIS 351

DecidedOctober 3, 1866

StatusPublished

This text of 1 Ky. Op. 397 (Barnes v. Triplett) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barnes v. Triplett, 1 Ky. Op. 397, 1866 Ky. LEXIS 351 (Ky. Ct. App. 1866).

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Opinion

Opinion oe the Court by

Judge Williams:

There' were but two witnesses sworn in the case, Tesler and Hoffman, and their evidence does not conflict, but is consistent and harmonious. Hoffman corroborates Tesler as far as the latter deposes.

[398]*398If the jury gave credit to Hoffman their verdict should have-been for the defendants; if they did not, then the plaintiff had not sustained his right of action by evidence, and the jury should have found against him.

In any view of this evidence, the jury should have found for appellants, and because they found for appellee the court should have awarded a new trial.

Wherefore, the judgment is reversed, with directions to award a new trial, .and for further proceedings.

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