Blunk v. Regatt

Court of Appeals of Kentucky

Blunk v. Regatt

5 Ky. Op. 201, 1871 Ky. LEXIS 323

DecidedJune 7, 1871

StatusPublished

This text of 5 Ky. Op. 201 (Blunk v. Regatt) 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.

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Blunk v. Regatt, 5 Ky. Op. 201, 1871 Ky. LEXIS 323 (Ky. Ct. App. 1871).

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Opinion

Opinion by

Judge Lindsay:

Without indicating any opinion as to the weight of the testimony it seems !to us that the jury might possibly have concluded that the appellant was entitled to recover.

The evidence when all considered certainly conduced to some extent to prove the trespass as laid in the petition. In either event the peremptory instruction to find for the defendant was erroneous. 7 J. J. Marshall 411; 2 B. Monroe 129.

We perceve no other available error, but for the reasons stated the judgment is reversed and the cause remanded for a new trial.

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Opinion by

Judge Lindsay:

Without indicating any opinion as to the weight of the testimony it seems !to us that the jury might possibly have concluded that the appellant was entitled to recover.

The evidence when all considered certainly conduced to some extent to prove the trespass as laid in the petition. In either event the peremptory instruction to find for the defendant was erroneous. 7 J. J. Marshall 411; 2 B. Monroe 129.

We perceve no other available error, but for the reasons stated the judgment is reversed and the cause remanded for a new trial.

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Bluebook (online)

5 Ky. Op. 201, 1871 Ky. LEXIS 323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blunk-v-regatt-kyctapp-1871.