Cantrell v. Kentucky Unemployment Ins. Comm'n, 450 S.W.2d 235 (Ky. Ct. App. 1970). · Go Syfert
Cantrell v. Kentucky Unemployment Ins. Comm'n, 450 S.W.2d 235 (Ky. Ct. App. 1970). Cases Citing This Book View Copy Cite
“when all else is said and done, common sense must not be a stranger in the house of the law.”
49 citation events (35 in the last 25 years) across 2 distinct courts.
Strongest positive: Linda Thompson v. Samantha Killary (ky, 2024-02-15)
Treatment trajectory · 1979 → 2026 · click a year to view as-of
1979 2002 2026
Top citers, strongest first. 29 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Linda Thompson v. Samantha Killary
Ky. · 2024 · quote attribution · 1 verbatim quote · confidence high
when all else is said and done, common sense must not be a stranger in the house of the law.
discussed Cited as authority (rule) Signore, LLC D/B/A Derby Lane Mobile Home Community v. Louisville Metro Department of Public Health and Wellness
Ky. Ct. App. · 2026 · confidence medium
Commission, 450 S.W.2d 235, 237 (Ky. 1970). -21- III.) The Cabinet’s decision was not arbitrary nor unsupported by substantial evidence Derby Lane challenges the Cabinet’s decision as arbitrary, arguing that other violations referenced in the Final Order are irrelevant because this case only concerns set back issues; the Cabinet never made a finding that the spacing and set back requirements contained in KRS 219.140(2) were a part of the “requirements of sanitation” referenced in the statute, and there was no explanation how Derby Lane’s failure to comply with these set back requirem…
cited Cited as authority (rule) Glenn Kerns v. Stock Yards Bank & Trust Company
Ky. Ct. App. · 2026 · confidence medium
Comm’n, 450 S.W.2d 235, 237 (Ky. 1970).
cited Cited as authority (rule) Brandon Blair v. Commonwealth of Kentucky
Ky. · 2025 · confidence medium
Comm’n, 450 S.W.2d 235, 237 (Ky. 1970)).
discussed Cited as authority (rule) Erie Insurance Exchange v. Megan Johnson
Ky. · 2025 · confidence medium
Comm’n, 450 S.W.2d 235, 237 (Ky. 1970)). 29 This pragmatic reading and practical application of the statutory phrase “element of loss” harmonizes with stated legislative policies aimed at encouraging “prompt medical treatment and rehabilitation . . . by providing prompt payment,” KRS 304.39-010(3); restraining “inequities and uncertainties,” KRS 304.39-010(5); and fostering “continued availability of motor vehicle insurance at reasonable prices” by ensuring “a more efficient, economical and equitable system of motor vehicle accident reparations,” KRS 304.39-010(6).
cited Cited as authority (rule) Meghan Turner v. Farmers Direct and Casualty Insurance Company
Ky. Ct. App. · 2024 · confidence medium
Commission, 450 S.W.2d 235, 237 (Ky. 1970).
cited Cited as authority (rule) Daniel Staton v. Commonwealth of Kentucky
Ky. Ct. App. · 2024 · confidence medium
Commission, 450 S.W.2d 235, 237 (Ky.1970).” Southworth v. Commonwealth, 435 S.W.3d 32, 45 (Ky. 2014).
discussed Cited as authority (rule) Commonwealth of Kentucky v. William Bembury
Ky. · 2023 · confidence medium
Comm’n, 450 S.W.2d 235, 237 (Ky. 1970). “[R]equiring police to obtain a warrant once they have obtained a first-hand perception of contraband, stolen property or incriminating evidence generally would be a ‘needless inconvenience,’ . . . that might involve danger to the police and public.” Texas v. Brown, 460 U.S. 730, 739 (1983).
cited Cited as authority (rule) David A. Kimmel v. Commonwealth of Kentucky
Ky. · 2023 · confidence medium
Commission, 450 S.W.2d 235, 237 (Ky. 1970).
cited Cited as authority (rule) David A. Kimmel v. Commonwealth of Kentucky
Ky. · 2023 · confidence medium
Commission, 450 S.W.2d 235, 237 (Ky. 1970).
cited Cited as authority (rule) University of Kentucky v. Lachin Hatemi, M.D.
Ky. Ct. App. · 2021 · confidence medium
Comm’n, 450 S.W.2d 235, 237 (Ky. 1970).
cited Cited as authority (rule) Daniel Arenas v. Commonwealth of Kentucky
Ky. Ct. App. · 2021 · confidence medium
Commission, 450 S.W.2d 235, 237 (Ky. 1970).
cited Cited as authority (rule) Chasity Shirley v. Commonwealth of Kentucky
Ky. Ct. App. · 2021 · confidence medium
Comm’n, 450 S.W.2d 235, 237 (Ky. 1970).
cited Cited as authority (rule) Capital One Bank (Usa), N.A. v. Donald Ray McWaters
Ky. Ct. App. · 2021 · confidence medium
Comm’n, 450 S.W.2d 235, 237 (Ky. 1970)).
cited Cited as authority (rule) Campbell County Library Board of Trustees v. Coleman
Ky. Ct. App. · 2015 · confidence medium
Comm’n, 450 S.W.2d 235, 237 (Ky.1970).
cited Cited as authority (rule) Southworth v. Commonwealth
Ky. · 2014 · confidence medium
Commission, 450 S.W.2d 235, 237 (Ky.1970).
cited Cited as authority (rule) Commonwealth v. Ayers
Ky. · 2013 · confidence medium
Comm’n, 450 S.W.2d 235, 237 (Ky.1970).
discussed Cited as authority (rule) Commonwealth v. Love (2×)
Ky. · 2011 · confidence medium
Commission, 450 S.W.2d 235, 237 (Ky.1970).
cited Cited as authority (rule) Martin v. Ohio County Hospital Corp.
Ky. · 2009 · confidence medium
Comm’n, 450 S.W.2d 235, 237 (Ky.1970).
discussed Cited as authority (rule) Parker v. Commonwealth (2×)
Ky. · 2009 · confidence medium
Cantrell v. Kentucky Unemployment Insurance Commission, 450 S.W.2d 235, 237 (Ky.1970) ("When all else is said and done, common sense must not be a stranger in the house of the law."). [76] Parker has not argued the trial court's instruction was erroneous. [77] KRS 506.120(3). [78] Commonwealth v. Phillips, 655 S.W.2d 6, 9 (Ky.1983). [79] KRS 506.120(3). [80] Phillips, 655 S.W.2d at 9 . [81] The Commonwealth's passing reference in this section of its brief to another section dealing with the propriety of joining all charges for trial is similarly unhelpful because the other section does not pro…
discussed Cited as authority (rule) Kentucky Employers Mutual Insurance v. Coleman (2×)
Ky. · 2007 · confidence medium
“When all else is said and done, common sense must not be a stranger in the house of the law.” Cantrell v. Kentucky Unemployment Ins., 450 S.W.2d 235, 237 (Ky. 1970).
cited Cited as authority (rule) B.B. a Child Under Eighteen v. Commonwealth of Kentucky
Ky. · 2007 · confidence medium
Comm’n, 450 S.W.2d 235, 237 (Ky.1970).
cited Cited as authority (rule) BB v. Com.
Ky. · 2007 · confidence medium
Comm'n, 450 S.W.2d 235, 237 (Ky.1970).
discussed Cited as authority (rule) Webb v. Sharp (2×)
Ky. · 2007 · confidence medium
Comm’n, 450 S.W.2d 235, 236-37 (Ky.1970).
discussed Cited as authority (rule) Shamrock Coal Co., Inc. v. Maricle (2×)
Ky. · 1999 · confidence medium
And in the words of Justice Palmore, “[w]hen all is said and done, common sense must not be a stranger in the house of the law.” Cantrell v. Kentucky Unemployment Insurance Commission, Ky., 450 S.W.2d 235, 237 (1970).
cited Cited as authority (rule) Coots v. Allstate Insurance Co.
Ky. · 1993 · confidence medium
Co., Ky., 450 S.W.2d 235, 236-37 (1970): "[W]e do not believe the circumstances of this case require any fol do rol about strict or liberal construction in order to arrive at the correct solution.
discussed Cited as authority (rule) Funk v. Commonwealth (2×)
Ky. · 1992 · confidence medium
As stated in City of Frankfort v. Triplett, Ky., 365 S.W.2d 328, 330 (1963), “[mjyopic exactitude in the construction of statutes would produce many an unfortunate and unintended result.” “When all else is said and done, common sense must not be a stranger in the house of the law.” Cantrell v. Kentucky Unemployment Insurance Commission, Ky., 450 S.W.2d 235, 237 (1970).
cited Cited as authority (rule) Whitley Whiz, Inc. v. Whitley County ex rel. Whitley County Fiscal Court
Ky. · 1991 · confidence medium
“When all else is said and done, common sense must not be a stranger in the house of the law.” Cantrell v. Kentucky Unemployment Insurance Commission, Ky., 450 S.W.2d 235, 237 (1970).
discussed Cited as authority (rule) Payne v. Commonwealth
Ky. · 1981 · confidence medium
Appellant complains that it is unclear whether the homosexual or lesbian activity prohibition includes such seemingly innocuous activity as “two females embracing or two males standing with their arms around each other.” As this court has noted, “... common sense must not be a stranger in the house of the law.” Cantrell v. Kentucky Unemployment Insurance Commission, Ky., 450 S.W.2d 235, 237 (1970).
Retrieving the full opinion text from the archive…
Thelma P. CANTRELL, Appellant,
v.
KENTUCKY UNEMPLOYMENT INSURANCE COMMISSION, Etc., and United Casket Company, Appellees
Court of Appeals of Kentucky (pre-1976).
Feb 6, 1970.
450 S.W.2d 235
Shirley Small, Legal Aid Society, Louisville, for appellant., Paul E. Tierney, James G. Childers, Dept, of Economic Security, Frankfort, for ap-pellees.
Palmore.
Cited by 38 opinions  |  Published
PALMORE, Judge.

The appellant, Thelma Cantrell, while regularly employed by the United Casket Company as a seamstress, took time off from her work in order to nurse her sick husband. By the time she was able to return to her job it had become necessary for the employer to replace her. Being unable to find other employment, she filed a claim with the appellee Kentucky Unemployment Insurance Commission for unemployment compensation under the provisions of KRS Chapter 341. The claim was denied by the Commission on the ground that she had left her job “voluntarily without good cause,” which is a disqualification prescribed by KRS 341.370(2) (c). She appeals from a judgment of the circuit court affirming the action of the Commission. KRS 341.450.

Mrs. Cantrell had worked for the casket company for six years. Her husband had a serious gastro-intestinal condition requiring surgery on September 5, 1967. That morning she advised Mr. Hicks, her employer’s plant superintendent, of the circumstances and told him she would like to take “several weeks” off to care for her husband. Hicks granted permission, and thereafter he was contacted daily by either Mrs. Cantrell or one of her friends or relatives and thus was kept abreast of the developments hereinafter mentioned. Mrs. Cantrell’s husband was operated on three more times, on September 11, 20 and 28, 1967. He died on October 21 and was buried on October 24, 1967. On October 26, 1967, Mrs. Cantrell reported to the employer that she was ready to return to work, but was advised that she had been replaced and there was no employment for her.

On September 5, when she first took time off, Mrs. Cantrell hoped to be able to resume work after a week or so. On September 11 she telephoned Mr. Hicks and told him she would come back as soon as she could but that she did not know how long it would be. On September 20 she called and asked Mr. Hicks for her two weeks’ vacation pay, as she was in need of money. This request was granted. She talked to Mr. Hicks again on September 27 (the day before her husband’s last operation) and told him her husband was at the point of death and she did not know when she would be able to return to work. At this time Mr. Hicks told Mrs. Cantrell the company might have to hire a replacement for her, but she did not understand this to mean that her own employment status would be terminated. As she testified, “If they had told me to come back to work or lose my job, I would have tried to have gotten back a day or two a week any way.”

The Commission places much reliance on Unemployment Insurance Commission v. Cochran Foil Company, Ky., 331 S.W.2d 903 (1960), in which it was held that a claimant who had been temporarily laid off and, when called back, declined to resume her job because she had moved to Texas to join her husband had voluntarily quit without good cause.

We are of the opinion that this case is not to be equated with the Cochran Foil Company case. It is true that KRS 341.350(7) enjoins a “strict construction” with respect to eligibility requirements and conditions of disqualification, and that Broadway and Fourth Avenue Realty Co. v. Allen, Ky., 365 S.W.2d 302, 303, 304 (1963), took this to mean that the strict construction runs both against eligibility and in favor of disqualification, but we do not believe the circumstances of this case require any fol de rol about strict or liberal construction in order to arrive at the correct[*237] solution. When all else is said and done, common sense must not be a stranger in the house of the law. It would be positively inhuman to hold that this woman voluntarily quit her job without good cause— technically or otherwise. “Good cause usually is regarded as a reason sufficient in ordinary circumstances of an urgent and personal nature to justify leaving employment; and the employee’s own health or the health of close members of his family would ordinarily constitute such a justification.” In re Lauria’s Claim, 18 A.D.2d 848, 236 N.Y.S.2d 168 (Sup.Ct.App.Div.1963).

Since the cause of Mrs. Cantrell’s leaving her work was not “attributable to the employment,” KRS 341.530(3) shifts the ultimate burden of her unemployment compensation payments to the pooled account. Cf. Southern Bell T. & T. Co. v. Kentucky Unemployment Ins. Com’n, Ky., 437 S.W.2d 775, 779 (1969).

The judgment is reversed with directions that the case be remanded to the Commission for further proceedings consistent with this opinion.

All concur.