Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky (Volume 183) (Paperback)

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1919. Not illustrated. Excerpt: ... for believing, that plaintiff was about to inflict some injury upon him, and that it was necessary, or appeared to defendant in the exercise of reasonable judgment to be necessary, to strike plaintiff in order to defend himself, in which event they should find for the defendant. This instruction is complained of because of the omission of a clause qualifying the right of self-defense, if the defendant himself brought on the difficulty by first striking the plaintiff. In reply to this contention, it is sufficient to say that the given instruction is correct as far as it goes, and plaintiff, who made no request for an instruction submitting the issue in question, cannot complain that such an instruction was not given. Henrv Clav Fire Insurance Co. v. Barclav, 160 Kv. 153, 169 S. W. 747; Cincinnati N. 0. & T. P. Railwav Co v. Martin, 146 Ky. 260, 142 S. W. 410. Other errors are relied on, but we do not deem them of sufficient importance to merit discussion or to authorize a reversal. Judgment affirmed. Town of London, Kentucky, etc. v. Brown, etc (Decided January 28, 1919.) Appeal from Laurel Circuit Court. 1. Municipal Corporations--Classification--Assignment.--Constitution, section 156, in providing for the classification of cities and towns confers upon the legislature the power to assign them to the classes, respectively, in which they should be placed, and after such assignment, when deemed necessary, to change or transfer them from one class to another. When this power has been exercised by the legislature in either particular, the courts must assume that it was properly exercised. 2. Municipal Corporations--Classification.--Where by an act of the legislature a city was assigned to the fourth class by specifically naming it with all others so named as belong...