Illinois Central R. R. v. Landrum

Court of Appeals of Kentucky

Illinois Central R. R. v. Landrum

66 S.W. 599, 112 Ky. 687, 1902 Ky. LEXIS 209

DecidedFebruary 12, 1902

StatusPublished

This text of 66 S.W. 599 (Illinois Central R. R. v. Landrum) 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

Illinois Central R. R. v. Landrum, 66 S.W. 599, 112 Ky. 687, 1902 Ky. LEXIS 209 (Ky. Ct. App. 1902).

Pincite

Opinion

Opinion of the court by

JUDGE O’REAR,

dismissing appear.

This was an action by appellee to recover of appellant $1,000 damages for an alleged breach of contract to carry 'appellee as a passenger over a given route at a given rate. Appellant, by its answer, admitted a liability of $1.40, and offered to pay into court that sum and the costs of the action. Issue was joined, and a trial was had as to its.¡further liability. The jury returned a verdict in favor of appellee for $200, and judgment was rendered for that amount. A plea is interposed to the jurisdiction of this court. Section 950, Kentucky Statutes, concerning jurisdiction o:f this court in civil cases, reads: “No appeal shall be tasken to the court of appeals from a judgment for. the recovery of money or personal property, if the value in controversy be less than $200.00, exclusive of-interest and costs.” Generally, when the defendant to such an action appeals, the amount of the controversy is the amount of the judgment ■against him. That which" is in controversy is necessarily that part of the recovery, in case of a defendant, which is disputed. The plaintiff sued for $1,000, and defendant admits $1.40 as owing. Then but 998.60 was in controversy. As the plaintiff recovered the verdict and judgment for $200, if the plaintiff had appealed, the sum in controversy would have been the undisputed part of her claim; but upon the defendant’s appeal it is $198.60 only. Having admitted, by pleading, $1.40 of the liability alleged, it could no longer [689]*689foe said to be in dispute. The $800 not recovered is not now in dispute, because plaintiff, is concluded by the judgment allowing $200 only of her total claim, and she is satisfied,— at least does not appeal. Pennie v. Insurance Co., 67 N. Y., 279; Marlow v. Marlow, 56 Iowa, 300, 9 N. W., 229; Tipton v. Chambers, 1 Metc., 567.

The appeal must be dismissed, with damages.

Free access — add to your briefcase to read the full text and ask questions with AI

Opinion of the court by

JUDGE O’REAR,

dismissing appear.

This was an action by appellee to recover of appellant $1,000 damages for an alleged breach of contract to carry 'appellee as a passenger over a given route at a given rate. Appellant, by its answer, admitted a liability of $1.40, and offered to pay into court that sum and the costs of the action. Issue was joined, and a trial was had as to its.¡further liability. The jury returned a verdict in favor of appellee for $200, and judgment was rendered for that amount. A plea is interposed to the jurisdiction of this court. Section 950, Kentucky Statutes, concerning jurisdiction o:f this court in civil cases, reads: “No appeal shall be tasken to the court of appeals from a judgment for. the recovery of money or personal property, if the value in controversy be less than $200.00, exclusive of-interest and costs.” Generally, when the defendant to such an action appeals, the amount of the controversy is the amount of the judgment ■against him. That which" is in controversy is necessarily that part of the recovery, in case of a defendant, which is disputed. The plaintiff sued for $1,000, and defendant admits $1.40 as owing. Then but 998.60 was in controversy. As the plaintiff recovered the verdict and judgment for $200, if the plaintiff had appealed, the sum in controversy would have been the undisputed part of her claim; but upon the defendant’s appeal it is $198.60 only. Having admitted, by pleading, $1.40 of the liability alleged, it could no longer [689]*689foe said to be in dispute. The $800 not recovered is not now in dispute, because plaintiff, is concluded by the judgment allowing $200 only of her total claim, and she is satisfied,— at least does not appeal. Pennie v. Insurance Co., 67 N. Y., 279; Marlow v. Marlow, 56 Iowa, 300, 9 N. W., 229; Tipton v. Chambers, 1 Metc., 567.

The appeal must be dismissed, with damages.

Cite This Page — Counsel Stack

Bluebook (online)

66 S.W. 599, 112 Ky. 687, 1902 Ky. LEXIS 209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/illinois-central-r-r-v-landrum-kyctapp-1902.

Opinion

Related

Cite This Page — Counsel Stack