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41 Kentucky opinions name it 3 courts 1911–2025 1 in the last five years
The cases below were cited by Kentucky courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Cox v. City of Louisvillegreen1 sentence2025See Newell v. Commonwealth, 549 S.W.2d 89, 91 (Ky. 1977) ("Proof that a defendant was over the age of eighteen at the time of the commission of the prior felony offense is an essential element of the persistent felony offender statute, but a failure of such proof may be waived by not directing the attention of the trial court to the omission by appropriate objections."); Cox v. City of Louisville, 439 S.W.2d 51, 54 (Ky. 1969) (holding failure to move for directed verdict on issue of liability waived issue because "A party waives the insufficiency of his adversary's 9 evidence when he fails to | 1 | 1 |
Newell v. Commonwealthgreen1 sentence2025See Newell v. Commonwealth, 549 S.W.2d 89, 91 (Ky. 1977) ("Proof that a defendant was over the age of eighteen at the time of the commission of the prior felony offense is an essential element of the persistent felony offender statute, but a failure of such proof may be waived by not directing the attention of the trial court to the omission by appropriate objections."); Cox v. City of Louisville, 439 S.W.2d 51, 54 (Ky. 1969) (holding failure to move for directed verdict on issue of liability waived issue because "A party waives the insufficiency of his adversary's 9 evidence when he fails to | 1 | 1 |
New York Indemnity Company v. Ewengreen2 sentences1946See New York Indemnity Co. v. Ewen, 221 Ky. 114 , 298 S. W. 182 . 1946See New York Indemnity Co. v. Ewen, 221 Ky. 114 , 298 S. W. 182 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Mullins v. Commonwealth
neutral
2 sentences1928It is true, as is insisted by the commonwealth, that ordinarily a motion for a peremptory instruction does not present the question of the competency or incompetency of the testimony or of the witness, but only the sufficiency of such testimony to sustain the verdict, and which was so held by us in the cases of Mullins v. Commonwealth, 204 Ky. 445 , 264 S. W. 1048 ; Scott v. Commonwealth, 206 Ky. 286 , 267 S. W. 159 ; and Wiggins v. Commonwealth, 221 Ky 287, 298 S. W. 686 . 1928It is true, as is insisted by the commonwealth, that ordinarily a motion for a peremptory instruction does not present the question of the competency or incompetency of the testimony or of the witness, but only the sufficiency of such testimony to sustain the verdict, and which was so held by us in the cases of Mullins v. Commonwealth, 204 Ky. 445 , 264 S. W. 1048 ; Scott v. Commonwealth, 206 Ky. 286 , 267 S. W. 159 ; and Wiggins v. Commonwealth, 221 Ky 287, 298 S. W. 686 . | 4 | 1927–1930 |
Scott v. Commonwealth
neutral
2 sentences1928It is true, as is insisted by the commonwealth, that ordinarily a motion for a peremptory instruction does not present the question of the competency or incompetency of the testimony or of the witness, but only the sufficiency of such testimony to sustain the verdict, and which was so held by us in the cases of Mullins v. Commonwealth, 204 Ky. 445 , 264 S. W. 1048 ; Scott v. Commonwealth, 206 Ky. 286 , 267 S. W. 159 ; and Wiggins v. Commonwealth, 221 Ky 287, 298 S. W. 686 . 1928It is true, as is insisted by the commonwealth, that ordinarily a motion for a peremptory instruction does not present the question of the competency or incompetency of the testimony or of the witness, but only the sufficiency of such testimony to sustain the verdict, and which was so held by us in the cases of Mullins v. Commonwealth, 204 Ky. 445 , 264 S. W. 1048 ; Scott v. Commonwealth, 206 Ky. 286 , 267 S. W. 159 ; and Wiggins v. Commonwealth, 221 Ky 287, 298 S. W. 686 . | 4 | 1927–1930 |
Howard v. Commonwealth
neutral
2 sentences1945The allegation that the local option law is in force in the given territory is required by the statute of 1902 (section 2557b, Ky. Stats.) This necessary evidence was not adduced on the trial, and the motion for a peremptory instruction should have prevailed.” The present statute has been similarly construed in Howard v. Commonwealth, 285 Ky. 486 , 148 S. W. 2d 336 , and Burton v. Commonwealth, 274 Ky. 655 , 120 S. W. 2d 213 . 1945The allegation that the local option law is in force in the given territory is required by the statute of 1902 (section 2557b, Ky. Stats.) This necessary evidence was not adduced on the trial, and the motion for a peremptory instruction should have prevailed.” The present statute has been similarly construed in Howard v. Commonwealth, 285 Ky. 486 , 148 S. W. 2d 336 , and Burton v. Commonwealth, 274 Ky. 655 , 120 S. W. 2d 213 . | 2 | 1941–1945 |
Louisville & Nashville Railroad v. Copas
green
2 sentences1941Co. v. Copas, 95 Ky. 460 , 26 S. W. 179 , 16 Ky. Law Rep. 14 , “* * * it has been uniformly held that an undenied plea of contributory negligence will be taken as true, that a motion for a peremptory instruction should be sustained on that ground, and that the failure to controvert this plea will not be deemed to have been waived. 1941Co. v. Copas, 95 Ky. 460 , 26 S. W. 179 , 16 Ky. Law Rep. 14 , “* * * it has been uniformly held that an undenied plea of contributory negligence will be taken as true, that a motion for a peremptory instruction should be sustained on that ground, and that the failure to controvert this plea will not be deemed to have been waived. | 2 | 1941–1941 |
Minniard and Turner v. Commonwealth
neutral
2 sentences1931Minniard v. Com., 214 Ky. 641 , 283 S. W. 1001 ; Brittian v. Com., 200 Ky. 461 , 255 S. W. 59 ; Marcum v. Com., 201 Ky. 527 , 257 S. W. 714 ; Cardwell v. Com., 236 Ky. 676 , 33 S. W. (2d) 695 . 1931Minniard v. Com., 214 Ky. 641 , 283 S. W. 1001 ; Brittian v. Com., 200 Ky. 461 , 255 S. W. 59 ; Marcum v. Com., 201 Ky. 527 , 257 S. W. 714 ; Cardwell v. Com., 236 Ky. 676 , 33 S. W. (2d) 695 . | 2 | 1931–1931 |
Cardwell v. Commonwealth
neutral
2 sentences1931Minniard v. Com., 214 Ky. 641 , 283 S. W. 1001 ; Brittian v. Com., 200 Ky. 461 , 255 S. W. 59 ; Marcum v. Com., 201 Ky. 527 , 257 S. W. 714 ; Cardwell v. Com., 236 Ky. 676 , 33 S. W. (2d) 695 . 1931Minniard v. Com., 214 Ky. 641 , 283 S. W. 1001 ; Brittian v. Com., 200 Ky. 461 , 255 S. W. 59 ; Marcum v. Com., 201 Ky. 527 , 257 S. W. 714 ; Cardwell v. Com., 236 Ky. 676 , 33 S. W. (2d) 695 . | 2 | 1931–1931 |
Brittian v. Commonwealth
green
2 sentences1931Minniard v. Com., 214 Ky. 641 , 283 S. W. 1001 ; Brittian v. Com., 200 Ky. 461 , 255 S. W. 59 ; Marcum v. Com., 201 Ky. 527 , 257 S. W. 714 ; Cardwell v. Com., 236 Ky. 676 , 33 S. W. (2d) 695 . 1931Minniard v. Com., 214 Ky. 641 , 283 S. W. 1001 ; Brittian v. Com., 200 Ky. 461 , 255 S. W. 59 ; Marcum v. Com., 201 Ky. 527 , 257 S. W. 714 ; Cardwell v. Com., 236 Ky. 676 , 33 S. W. (2d) 695 . | 2 | 1931–1931 |
Marcum v. Commonwealth
green
2 sentences1931Minniard v. Com., 214 Ky. 641 , 283 S. W. 1001 ; Brittian v. Com., 200 Ky. 461 , 255 S. W. 59 ; Marcum v. Com., 201 Ky. 527 , 257 S. W. 714 ; Cardwell v. Com., 236 Ky. 676 , 33 S. W. (2d) 695 . 1931Minniard v. Com., 214 Ky. 641 , 283 S. W. 1001 ; Brittian v. Com., 200 Ky. 461 , 255 S. W. 59 ; Marcum v. Com., 201 Ky. 527 , 257 S. W. 714 ; Cardwell v. Com., 236 Ky. 676 , 33 S. W. (2d) 695 . | 2 | 1931–1931 |
Claspell v. Brown
green
1 sentence1969Claspell v. Brown, Ky., 332 S.W.2d 851 . | 1 | 1969–1969 |
Waddel's Administrator v. Brashear
green
1 sentence1966It follows that the motion for a peremptory instruction was properly overruled.” Id., Ky., 64 S.W.2d at 446 . | 1 | 1966–1966 |
Louisville Water Co. v. Bowers
neutral
1 sentence1966It follows that the motion for a peremptory instruction was properly overruled.” Id., Ky., 64 S.W.2d at 446 . | 1 | 1966–1966 |
Utterback's Administrator v. Quick
green
2 sentences1953Utterback’s Adm’r v. Quick, 230 Ky. 333 , 19 S.W.2d 980 . 1953Utterback’s Adm’r v. Quick, 230 Ky. 333 , 19 S.W.2d 980 . | 1 | 1953–1953 |
Galloway Motor Co. v. Huffman's Adm'r
green
2 sentences1952Galloway Motor Co. v. Huffman’s Adm’r, 281 Ky. 841 , 137 S.W.2d 379 . 1952Galloway Motor Co. v. Huffman’s Adm’r, 281 Ky. 841 , 137 S.W.2d 379 . | 1 | 1952–1952 |
Pegram v. Eaton
neutral
1 sentence1952In this connection appellants rely upon Interstate Acceptance Corp. v. Humphress, Ky., 240 S.W.2d 633 . | 1 | 1952–1952 |
Aubrey's Adm'x v. Kent
neutral
2 sentences1951Aubrey’s Adm’x v. Kent, 292 Ky. 740 , 167 S.W.2d 831 . 1951Aubrey’s Adm’x v. Kent, 292 Ky. 740 , 167 S.W.2d 831 . | 1 | 1951–1951 |
Burton v. Commonwealth
green
2 sentences1945The allegation that the local option law is in force in the given territory is required by the statute of 1902 (section 2557b, Ky. Stats.) This necessary evidence was not adduced on the trial, and the motion for a peremptory instruction should have prevailed.” The present statute has been similarly construed in Howard v. Commonwealth, 285 Ky. 486 , 148 S. W. 2d 336 , and Burton v. Commonwealth, 274 Ky. 655 , 120 S. W. 2d 213 . 1945The allegation that the local option law is in force in the given territory is required by the statute of 1902 (section 2557b, Ky. Stats.) This necessary evidence was not adduced on the trial, and the motion for a peremptory instruction should have prevailed.” The present statute has been similarly construed in Howard v. Commonwealth, 285 Ky. 486 , 148 S. W. 2d 336 , and Burton v. Commonwealth, 274 Ky. 655 , 120 S. W. 2d 213 . | 1 | 1945–1945 |
Hendricks v. Johnson
neutral
2 sentences1944But in the case of Hendricks et al. v. Johnson, 297 Ky. 643 , 180 S. W. 2d 868, 871 , we said: “* * * where there is proof of circumstances casting suspicion upon the verity of testimony on which a motion for a peremptory instruction in favor of the party introducing the testimony is based; and means of directly contradicting such testimony do not exist, the court is not bound to sustain the motion but may properly submit the issue to the jury. ’ ’ And that there were circumstances casting at least some degree of suspicion upon the testimony of the Bowicks cannot be- denied. 1944But in the case of Hendricks et al. v. Johnson, 297 Ky. 643 , 180 S. W. 2d 868, 871 , we said: “* * * where there is proof of circumstances casting suspicion upon the verity of testimony on which a motion for a peremptory instruction in favor of the party introducing the testimony is based; and means of directly contradicting such testimony do not exist, the court is not bound to sustain the motion but may properly submit the issue to the jury. ’ ’ And that there were circumstances casting at least some degree of suspicion upon the testimony of the Bowicks cannot be- denied. | 1 | 1944–1944 |
Brannon v. Scott
neutral
2 sentences1942Brannon v. Scott, 288 Ky. 334 , 156 S. W. (2d) 164 ; S. K. 1942Brannon v. Scott, 288 Ky. 334 , 156 S. W. (2d) 164 ; S. K. | 1 | 1942–1942 |
City of Pineville v. Asher
neutral
2 sentences1941City of Pineville v. Asher, 287 Ky. 503 , 154 S. W. (2d) 545 ; Short v. Robinson, 280 Ky. 707 , 134 S. W. (2d) 594, 596 . 1941City of Pineville v. Asher, 287 Ky. 503 , 154 S. W. (2d) 545 ; Short v. Robinson, 280 Ky. 707 , 134 S. W. (2d) 594, 596 . | 1 | 1941–1941 |
Neal v. Commonwealth
green
2 sentences1941Howard v. Commonwealth, 285 Ky. 486 , 148 S. W. (2d) 336 ; Neal v. Commonwealth, 221 Ky. 239 , 298 S. W. 704 ; Morgan v. Commonwealth, 202 Ky. 211 , 259 S. W. 46 ; Baker v. Commonwealth, 202 Ky. 181 , 259 S. W. 35 . 1941Howard v. Commonwealth, 285 Ky. 486 , 148 S. W. (2d) 336 ; Neal v. Commonwealth, 221 Ky. 239 , 298 S. W. 704 ; Morgan v. Commonwealth, 202 Ky. 211 , 259 S. W. 46 ; Baker v. Commonwealth, 202 Ky. 181 , 259 S. W. 35 . | 1 | 1941–1941 |
Short v. Robinson
green
2 sentences1941City of Pineville v. Asher, 287 Ky. 503 , 154 S. W. (2d) 545 ; Short v. Robinson, 280 Ky. 707 , 134 S. W. (2d) 594, 596 . 1941City of Pineville v. Asher, 287 Ky. 503 , 154 S. W. (2d) 545 ; Short v. Robinson, 280 Ky. 707 , 134 S. W. (2d) 594, 596 . | 1 | 1941–1941 |
City of Jackson v. Moody
neutral
2 sentences1941Counsel for Mrs. Asher cite the case of City of Jackson v. Moody, 177 Ky. 844 , 198 S. W. 233, 235 , wherein it was said that, while it is the duty of the court to sustain a motion for a peremptory instruction where there has been a failure to controvert a plea of contributory negligence and to give judgment for the party entitled to it under the pleadings, counsel making such motion should not be permitted to withhold from the attention of the court the defect in the pleading, thus necessitating a new trial or a judgment, notwithstanding the verdict. 1941Counsel for Mrs. Asher cite the case of City of Jackson v. Moody, 177 Ky. 844 , 198 S. W. 233, 235 , wherein it was said that, while it is the duty of the court to sustain a motion for a peremptory instruction where there has been a failure to controvert a plea of contributory negligence and to give judgment for the party entitled to it under the pleadings, counsel making such motion should not be permitted to withhold from the attention of the court the defect in the pleading, thus necessitating a new trial or a judgment, notwithstanding the verdict. | 1 | 1941–1941 |
Baker v. Commonwealth
neutral
2 sentences1941Howard v. Commonwealth, 285 Ky. 486 , 148 S. W. (2d) 336 ; Neal v. Commonwealth, 221 Ky. 239 , 298 S. W. 704 ; Morgan v. Commonwealth, 202 Ky. 211 , 259 S. W. 46 ; Baker v. Commonwealth, 202 Ky. 181 , 259 S. W. 35 . 1941Howard v. Commonwealth, 285 Ky. 486 , 148 S. W. (2d) 336 ; Neal v. Commonwealth, 221 Ky. 239 , 298 S. W. 704 ; Morgan v. Commonwealth, 202 Ky. 211 , 259 S. W. 46 ; Baker v. Commonwealth, 202 Ky. 181 , 259 S. W. 35 . | 1 | 1941–1941 |
Morgan v. Commonwealth
neutral
2 sentences1941Howard v. Commonwealth, 285 Ky. 486 , 148 S. W. (2d) 336 ; Neal v. Commonwealth, 221 Ky. 239 , 298 S. W. 704 ; Morgan v. Commonwealth, 202 Ky. 211 , 259 S. W. 46 ; Baker v. Commonwealth, 202 Ky. 181 , 259 S. W. 35 . 1941Howard v. Commonwealth, 285 Ky. 486 , 148 S. W. (2d) 336 ; Neal v. Commonwealth, 221 Ky. 239 , 298 S. W. 704 ; Morgan v. Commonwealth, 202 Ky. 211 , 259 S. W. 46 ; Baker v. Commonwealth, 202 Ky. 181 , 259 S. W. 35 . | 1 | 1941–1941 |
Commonwealth v. Hoover's Adm'r
neutral
2 sentences1940Defendants are correct that Commonwealth v. Hoover’s Adm’r, 274 Ky. 472 , 118 S. W. (2d) 741 , holds it was not error to refuse to allow the Attorney General to argue that the taxpayers would have to pay the jury’s verdict, as it was immaterial as to how,the judgment would be satisfied. 1940Defendants are correct that Commonwealth v. Hoover’s Adm’r, 274 Ky. 472 , 118 S. W. (2d) 741 , holds it was not error to refuse to allow the Attorney General to argue that the taxpayers would have to pay the jury’s verdict, as it was immaterial as to how,the judgment would be satisfied. | 1 | 1940–1940 |
McLellan v. Brown
green
2 sentences1938This question has been decided adversely to appellee’s contention in the case of McLellan v. Brown, 275 Ky. 30 , 120 S. W. (2d) 742 , decided October 18, 1938, wherein a full discussion of this question is presented. 1938This question has been decided adversely to appellee’s contention in the case of McLellan v. Brown, 275 Ky. 30 , 120 S. W. (2d) 742 , decided October 18, 1938, wherein a full discussion of this question is presented. | 1 | 1938–1938 |
Stevenson v. Yates
neutral
2 sentences1937Stevenson v. Yates, 183 Ky. 196 , 208 S. W. 820 ; Horton v. Louisville & N. R. 1937Stevenson v. Yates, 183 Ky. 196 , 208 S. W. 820 ; Horton v. Louisville & N. R. | 1 | 1937–1937 |
| Ulrich v. Commonwealth neutral | 1 | 1935–1935 |
| Terrell v. Commonwealth neutral | 1 | 1934–1934 |
| Glenn v. Glenn green | 1 | 1934–1934 |
| Duke v. Commonwealth neutral | 1 | 1934–1934 |
| Connecticut Fire Insurance v. Moore neutral | 1 | 1934–1934 |
| Nelson v. Black Diamond Mining Co. neutral | 1 | 1933–1933 |
| Postal Telegraph-Cable Co. v. Murrell neutral | 1 | 1933–1933 |
| Mullen & Haynes Co. v. Crisp neutral | 1 | 1933–1933 |
| Shepherd v. Commonwealth neutral | 1 | 1931–1931 |
| Winslow v. Emerson green | 1 | 1931–1931 |
| McDermott v. Byrley Supply Company neutral | 1 | 1930–1930 |
| Taylor v. Shields neutral | 1 | 1930–1930 |
| Ham v. Hord neutral | 1 | 1929–1929 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.