inserted instruction in Kentucky

2024Also, to the extent the Governor in his Appellee’s Brief infers that HB 334 violates his Section 76 powers, Rouse controls: Section 76 of the Constitution confers upon the Governor the power, “except as otherwise provided in this Constitution,” to fill vacancies in office, but that section should be read in connection with section 93 of the same instrument, which says in part: “Inferior state officers, not specifically provided for in this Constitution, may be appointed or elected, in such a manner as may be prescribed by law,” etc. Evidently that excerpt falls within the inserted exception co

1943The court instructed the jury in accordance with the instruction approved in Short v. Robinson, 280 Ky. 707 , 134 S. W. (2d) 594 (Sec. 115, Stanley’s Instructions to Juries), as to the reciprocal duties of the respective drivers of cars about to meet on a one-way bridge, except that the court inserted in clause “(e)” the phrase or condition “if the 'jury believe from the evidence it was a one-way underpass.” It seems to us that the conflicting evidence authorized the submission of the case under this instruction, except that the court should have ruled as a matter of law that this was a one-wa

1943The court instructed the jury in accordance with the instruction approved in Short v. Robinson, 280 Ky. 707 , 134 S. W. (2d) 594 (Sec. 115, Stanley’s Instructions to Juries), as to the reciprocal duties of the respective drivers of cars about to meet on a one-way bridge, except that the court inserted in clause “(e)” the phrase or condition “if the 'jury believe from the evidence it was a one-way underpass.” It seems to us that the conflicting evidence authorized the submission of the case under this instruction, except that the court should have ruled as a matter of law that this was a one-wa

1936Such an instruction, as well as such prima facie effect only of the excess speed limits, was condemned by us in the recent cases of Wight v. Rose, 209 Ky. 803 , 273 S. W. 472 ; Utilities Appliance Co. v. Toon’s Adm’r, 241 Ky. 823 , 45 S. W. (2d) 478 ; Dia *412 mond Taxicab Co. v. McDaniel, 258 Ky. 478 , 80 S. W. (2d) 562 ; Hunt v. Whitlock’s Adm’r, 259 Ky. 286 , 82 S. W. (2d) 364 , and many other prior ones cited in those opinions. iSo that, in the respects indicated, under our designations of (a) and (b), supra, the complained of instruction Was faulty in that it violated the rules of practic

1936Such an instruction, as well as such prima facie effect only of the excess speed limits, was condemned by us in the recent cases of Wight v. Rose, 209 Ky. 803 , 273 S. W. 472 ; Utilities Appliance Co. v. Toon’s Adm’r, 241 Ky. 823 , 45 S. W. (2d) 478 ; Dia *412 mond Taxicab Co. v. McDaniel, 258 Ky. 478 , 80 S. W. (2d) 562 ; Hunt v. Whitlock’s Adm’r, 259 Ky. 286 , 82 S. W. (2d) 364 , and many other prior ones cited in those opinions. iSo that, in the respects indicated, under our designations of (a) and (b), supra, the complained of instruction Was faulty in that it violated the rules of practic

1936Such an instruction, as well as such prima facie effect only of the excess speed limits, was condemned by us in the recent cases of Wight v. Rose, 209 Ky. 803 , 273 S. W. 472 ; Utilities Appliance Co. v. Toon’s Adm’r, 241 Ky. 823 , 45 S. W. (2d) 478 ; Dia *412 mond Taxicab Co. v. McDaniel, 258 Ky. 478 , 80 S. W. (2d) 562 ; Hunt v. Whitlock’s Adm’r, 259 Ky. 286 , 82 S. W. (2d) 364 , and many other prior ones cited in those opinions. iSo that, in the respects indicated, under our designations of (a) and (b), supra, the complained of instruction Was faulty in that it violated the rules of practic

1936Such an instruction, as well as such prima facie effect only of the excess speed limits, was condemned by us in the recent cases of Wight v. Rose, 209 Ky. 803 , 273 S. W. 472 ; Utilities Appliance Co. v. Toon’s Adm’r, 241 Ky. 823 , 45 S. W. (2d) 478 ; Dia *412 mond Taxicab Co. v. McDaniel, 258 Ky. 478 , 80 S. W. (2d) 562 ; Hunt v. Whitlock’s Adm’r, 259 Ky. 286 , 82 S. W. (2d) 364 , and many other prior ones cited in those opinions. iSo that, in the respects indicated, under our designations of (a) and (b), supra, the complained of instruction Was faulty in that it violated the rules of practic

1936Such an instruction, as well as such prima facie effect only of the excess speed limits, was condemned by us in the recent cases of Wight v. Rose, 209 Ky. 803 , 273 S. W. 472 ; Utilities Appliance Co. v. Toon’s Adm’r, 241 Ky. 823 , 45 S. W. (2d) 478 ; Dia *412 mond Taxicab Co. v. McDaniel, 258 Ky. 478 , 80 S. W. (2d) 562 ; Hunt v. Whitlock’s Adm’r, 259 Ky. 286 , 82 S. W. (2d) 364 , and many other prior ones cited in those opinions. iSo that, in the respects indicated, under our designations of (a) and (b), supra, the complained of instruction Was faulty in that it violated the rules of practic

1936Such an instruction, as well as such prima facie effect only of the excess speed limits, was condemned by us in the recent cases of Wight v. Rose, 209 Ky. 803 , 273 S. W. 472 ; Utilities Appliance Co. v. Toon’s Adm’r, 241 Ky. 823 , 45 S. W. (2d) 478 ; Dia *412 mond Taxicab Co. v. McDaniel, 258 Ky. 478 , 80 S. W. (2d) 562 ; Hunt v. Whitlock’s Adm’r, 259 Ky. 286 , 82 S. W. (2d) 364 , and many other prior ones cited in those opinions. iSo that, in the respects indicated, under our designations of (a) and (b), supra, the complained of instruction Was faulty in that it violated the rules of practic

1936Such an instruction, as well as such prima facie effect only of the excess speed limits, was condemned by us in the recent cases of Wight v. Rose, 209 Ky. 803 , 273 S. W. 472 ; Utilities Appliance Co. v. Toon’s Adm’r, 241 Ky. 823 , 45 S. W. (2d) 478 ; Dia *412 mond Taxicab Co. v. McDaniel, 258 Ky. 478 , 80 S. W. (2d) 562 ; Hunt v. Whitlock’s Adm’r, 259 Ky. 286 , 82 S. W. (2d) 364 , and many other prior ones cited in those opinions. iSo that, in the respects indicated, under our designations of (a) and (b), supra, the complained of instruction Was faulty in that it violated the rules of practic

1936Such an instruction, as well as such prima facie effect only of the excess speed limits, was condemned by us in the recent cases of Wight v. Rose, 209 Ky. 803 , 273 S. W. 472 ; Utilities Appliance Co. v. Toon’s Adm’r, 241 Ky. 823 , 45 S. W. (2d) 478 ; Dia *412 mond Taxicab Co. v. McDaniel, 258 Ky. 478 , 80 S. W. (2d) 562 ; Hunt v. Whitlock’s Adm’r, 259 Ky. 286 , 82 S. W. (2d) 364 , and many other prior ones cited in those opinions. iSo that, in the respects indicated, under our designations of (a) and (b), supra, the complained of instruction Was faulty in that it violated the rules of practic

1931Indeed, the only difference between the two degrees of homicide is that murder is required to be done with malice aforethought or at least that it shall be maliciously done; the case of Turner v. Commonwealth, 167 Ky. 365 , 180 S. W. 768 , L.

1931Indeed, the only difference between the two degrees of homicide is that murder is required to be done with malice aforethought or at least that it shall be maliciously done; the case of Turner v. Commonwealth, 167 Ky. 365 , 180 S. W. 768 , L.

1927As is generally true in this character of case, the question is one purely of fact, and, as we have frequently said, the question “whether the right to a passway has or not been established in accordance with the above principles must necessarily be determined from the facts of each particular case.” Snyder v. Carroll, 203 Ky. 320 , 262 S. W. 290 , and Wray v. Brown, 155 Ky. 757 , 160 S. W. 488 .

1927As is generally true in this character of case, the question is one purely of fact, and, as we have frequently said, the question “whether the right to a passway has or not been established in accordance with the above principles must necessarily be determined from the facts of each particular case.” Snyder v. Carroll, 203 Ky. 320 , 262 S. W. 290 , and Wray v. Brown, 155 Ky. 757 , 160 S. W. 488 .

1927As is generally true in this character of case, the question is one purely of fact, and, as we have frequently said, the question “whether the right to a passway has or not been established in accordance with the above principles must necessarily be determined from the facts of each particular case.” Snyder v. Carroll, 203 Ky. 320 , 262 S. W. 290 , and Wray v. Brown, 155 Ky. 757 , 160 S. W. 488 .

1927As is generally true in this character of case, the question is one purely of fact, and, as we have frequently said, the question “whether the right to a passway has or not been established in accordance with the above principles must necessarily be determined from the facts of each particular case.” Snyder v. Carroll, 203 Ky. 320 , 262 S. W. 290 , and Wray v. Brown, 155 Ky. 757 , 160 S. W. 488 .