Ky. Rev. Stat. » Chapter 29

Ky. Rev. Stat. § 29.301

Repealed, 1978

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Catchline at repeal: Jury may view property or place. History: Repealed 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 491, effective January 2, 1978. -- Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 318.

Notes of Decisions
Cited in 12 cases, 1956–1970 · leading case: Keeney v. Commonwealth, Department of Highways
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Keeney v. Commonwealth, Department of Highways (1961) kyctapp · cites it 4× “Under the provision of KRS 29.301 (formerly Civil Code of Practice, § 318), which is of general application, the court in its discretion may order the jury as a body to be conducted to real property which is the subject of litigation “under the charge of an officer” and the…”
Barnett v. Commonwealth (1966) kyctapphigh · cites it 2× “KRS 29.301, the statute applicable to civil trials, contemplates that the judge will not accompany the viewing party, and it provides that “no person” other than the officer in charge “shall speak to them on any subject connected with the trial.”
Kentucky Stone Company v. Gaddie (1965) kyctapphigh “KRS 29.301. We find that there was prejudicial error in Instruction No.”
Mayer v. Dickerson (1959) kyctapp · cites it 2× “In seeking to reverse the judgment, plaintiffs insist the court erred: (1) In overruling plaintiffs’ motion to have defendants’ insurance carrier made a party defendant; (2) in instructing the jury; (3) in violating KRS 29.301 in sending the jury to view the scene of the…”
Sims Motor Transportation Lines, Inc. v. Foster (1956) kyctapphigh “KRS 29.301. No abuse of this discretion is shown in the instant'case.”
Juett v. Calhoun (1966) kyctapphigh “The controlling statute is KRS 29.301 which directs the trial court to have the jury viewing real property “ * * * conducted in a body, under the charge of an officer, to the place, which shall be shown to them by some person appointed by the court for that purpose.”
Davidson v. Moore (1960) kyctapphigh “” Section KRS 29.301, formerly Section 318 of the Civil Code of Practice, reads: “Whenever, in the opinion of the court, it is proper for the jury to have a view of real property which is the subject of litigation, or of the place in which any material fact occurred, it may…”
Reams' Administrator v. Greer (1957) kyctapp “KRS 29.301; Ford v. McQueary, Ky., 239 S.”
Louisville & Jefferson County Metropolitan Sewer District v. Kirk (1965) kyctapp “KRS 29.301 provides in part: “Whenever, in the opinion of the court, it is proper for the jury to have a view of real property which is the subject of litigation, or of the place in which any material fact occurred, it may order them to be conducted in a body, under the charge…”
Pemberton v. Osborne (1959) kyctapp “KRS 29.301 permits the judge to use his discretion when such a request is made, and we do not believe, under the circumstances, he acted in a prejudicial manner when he decided an inspection of the property in controversy by the jury was not necessary.”
Branch v. Whitaker (1956) kyctapp “We said in the Schick case that under the provisions of Section 318 of the Civil Code of Practice (now KRS 29.301) “the court is unlimited as to the time of allowing the view; for as that section contains no limitation as to time, the court has the right to order the view at any…”
Clark v. Fawcett (1970) kyctapp “The view authorized by KRS 29.301 lies within the exercise of the sound discretion of the trial court.”
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