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Mckinny v. Bailey

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eBook details

  • Title: Mckinny v. Bailey
  • Author : Court Of Appeals Of Kentucky
  • Release Date : January 26, 1958
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 47 KB

Description

CULLEN, Commissioner. The automobiles of John McKinny and Edd Bailey, traveling in opposite directions on a highway in the country, met in substantially a head-on collision. Bailey sued McKinny for damages, and the latter counterclaimed. Upon a trial, the jury returned a verdict finding that neither party should recover. Bailey moved for a new trial, and this motion was sustained on the ground that the instructions upon the first trial were erroneous in two respects. Upon the second trial a verdict was returned in favor of Bailey for $6,835. McKinny moved to substitute the first verdict for the second, and for judgment on the first verdict. This motion was overruled, and judgment was entered for Bailey on the second verdict. McKinny has appealed, asserting as his primary contention that the court erred in granting the new trial and that he was entitled to judgment upon the verdict at the first trial.


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