Mud Branch Oil & Gas Co. v. Hawk, 358 S.W.2d 361 (Ky. Ct. App. 1962). · Go Syfert
Search
Mud Branch Oil & Gas Co. v. Hawk, 358 S.W.2d 361 (Ky. Ct. App. 1962). Cases Citing This Book View Copy Cite
4 citation events across 2 distinct courts.
Strongest positive: James Byler, Individually and as Administrator of the Estate of Samuel Lee Byler, a Minor, Valerie Byler, Individually, Harold Aleshire, of the Estate of Lula Tomblin and Administrator of the Estate of Janet Sue Byler, Linda Lou Jupin, Co-Administrator of the Estate of Roy Jupin, Jeff Jupin, Co-Administrator of the Estate of Roy Jupin, Hurst Home Insurance Company, Humana Health Plans, Inc., Hurst Home Insurance Company, and Humana Health Plans, Inc. v. Scripto-Tokai Corporation (ca6, 1991-09-17)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited as authority (rule) James Byler, Individually and as Administrator of the Estate of Samuel Lee Byler, a Minor, Valerie Byler, Individually, Harold Aleshire, of the Estate of Lula Tomblin and Administrator of the Estate of Janet Sue Byler, Linda Lou Jupin, Co-Administrator of the Estate of Roy Jupin, Jeff Jupin, Co-Administrator of the Estate of Roy Jupin, Hurst Home Insurance Company, Humana Health Plans, Inc., Hurst Home Insurance Company, and Humana Health Plans, Inc. v. Scripto-Tokai Corporation
6th Cir. · 1991 · confidence medium
Thus, we examine whether Scripto-Tokai's decision not to childproof its lighters was what an ordinarily prudent manufacturer would have done faced with the knowledge that children such as Sammy Lee could operate the lighter without adult supervision. 26 While "ordinarily the question of negligence ... is one for a jury to determine," Darnell v. Hamilton, 358 S.W.2d 361, 362 (Ky.App.1962), "[t]he general rule is that ... the determination of the degree of care is one for the court." New St.
Retrieving the full opinion text from the archive…
MUD BRANCH OIL AND GAS COMPANY
v.
J. B. HAWK
Court of Appeals of Kentucky.
Jun 8, 1962.
358 S.W.2d 361
J. Wood Vance, Jr., Glasgow, for appellants., Charles R. Richardson, Munfordville, for appellee.
Williams.
Published
WILLIAMS, Judge.

Judgment in a forcible detainer action was rendered in favor of appellee in the Hart County Court. The appellants took an appeal to the Hart Circuit Court. That court held that a traverse bond offered by appellants was insufficient, and dismissed the appeal. The appellants are here on the theory that the action taken hy the circuit court was arbitrary.

The narrative statement of evidence as found to be true by the circuit court reveals that one bond offered by appellants was signed by one of the appellants, Eddie Hurst, with Kenneth Henderson as surety. The court found that the value of the surety’s property when reduced hy allowable exemptions would be inadequate to indemnify the appellee from all costs and damages. Appellants were given two weeks to execute a new bond. Within that period a bond signed by Eddie Hurst and E. R. Henderson, as officers of Mud Branch Oil and Gas Company, and by Eddie Hurst individually, was offered. There was no surety on the bond. The circuit court found it to be insufficient, and dismissed the appeal.

We note that the surety on the first bond was inadequate and that there was no surety on the second. The action taken by the circuit court was not such an abuse of discretion as to be arbitrary. See McDonald v. Jenkins, 93 Ky. 249, 19 S.W. 594; Trivette v. Stratton, 276 Ky. 774, 125 S.W.2d 236.

Judgment affirmed.