Neil v. Commonwealth

Court of Appeals of Kentucky

Neil v. Commonwealth

1 Ky. Op. 79, 1867 Ky. LEXIS 234

DecidedJanuary 26, 1867

StatusPublished

This text of 1 Ky. Op. 79 (Neil v. Commonwealth) 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

Neil v. Commonwealth, 1 Ky. Op. 79, 1867 Ky. LEXIS 234 (Ky. Ct. App. 1867).

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Opinion

Opinion op the Court by

Jubge Harbin :

We do not perceive in the record any error in giving or withholding instructions for which we would feel authorized to reverse-the judgment.

But as it appears to us by a decided preponderance of the eyidence that the selling and disposing of liquors by the appellant complained of occurred in a room of the house of Mrs. Patty kept by her under a license as a tavern, authorizing her to sell liquorsthereih, and that said room, which was used as a barroom, was under and subject to her control as part of her tavern-house in which the appellant sold the liquors as her agent and barkeeper-under a contract to derive his compensation by retaining part of' the proceeds of the sale of liquors so made, it seems to us the verdict of the jury was not authorized by the evidence, and this being one of the grounds of the motion for a new trial, the verdict should' have been set aside and a new trial granted.

Wherefore, the judgment is reversed, and the cause remanded! for further proceedings not inconsistent with this opinion.

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Opinion op the Court by

Jubge Harbin :

We do not perceive in the record any error in giving or withholding instructions for which we would feel authorized to reverse-the judgment.

But as it appears to us by a decided preponderance of the eyidence that the selling and disposing of liquors by the appellant complained of occurred in a room of the house of Mrs. Patty kept by her under a license as a tavern, authorizing her to sell liquorsthereih, and that said room, which was used as a barroom, was under and subject to her control as part of her tavern-house in which the appellant sold the liquors as her agent and barkeeper-under a contract to derive his compensation by retaining part of' the proceeds of the sale of liquors so made, it seems to us the verdict of the jury was not authorized by the evidence, and this being one of the grounds of the motion for a new trial, the verdict should' have been set aside and a new trial granted.

Wherefore, the judgment is reversed, and the cause remanded! for further proceedings not inconsistent with this opinion.

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Bluebook (online)

1 Ky. Op. 79, 1867 Ky. LEXIS 234, Counsel Stack Legal Research, https://law.counselstack.com/opinion/neil-v-commonwealth-kyctapp-1867.