First Bank and Trust Co. of Princeton, Ky. v. Feuquay
Decision Date | 08 January 1969 |
Docket Number | No. 18551.,18551. |
Citation | 405 F.2d 990 |
Parties | FIRST BANK AND TRUST COMPANY, OF PRINCETON, KENTUCKY, Administrator of the Estate of Theodore Stanton, Deceased, and First Bank and Trust Company, Administrator of the Estate of Mary Louise Stanton, Deceased, Appellants, v. Janet Ann Brantley FEUQUAY, and Bert Gaskins, Executors of the will of E. D. Brantley, Deceased, Appellees. |
Court | U.S. Court of Appeals — Sixth Circuit |
Charles A. Williams, Paducah, Ky., for appellants; Chas. A. Williams & Associates, Paducah, Ky., Johnstone & Eldred, Princeton, Ky., on brief.
John L. Bennett, Louisville, Ky., for appellees; Hogan, Taylor, Denzer & Bennett, John L. Bennett, Louisville, Ky., on brief.
Before EDWARDS, McCREE and COMBS, Circuit Judges.
This appeal presents a single issue: whether or not the provision for substituted service on nonresidents (KRS Chapt. 188) contained in the Kentucky motor vehicle statutes (KRS Title XVI) authorizes the service here attempted upon nonresident defendants representing a deceased nonresident plane operator in an airplane negligence case involving a plane crash in Kentucky.
The District Judge for the United States District Court for the Western District of Kentucky, Paducah Division, concluded that it did not. He entered an order quashing service and dismissing the complaint. We affirm the quashing of service, but reverse the dismissal of the complaint.
The language of the statute principally relied upon by appellant follows:
"Any nonresident operator or owner of any motor vehicle who accepts the privilege extended by the laws of this state to nonresidents to operate motor vehicles or have them operated within state shall, by such acceptance and by the operation of such motor vehicle within this state, make the Secretary of State the agent of himself or his personal representative for the service of process in any civil action instituted in the courts of this state against the operator or owner, or the personal representative of the operator or owner, arising out of or by reason of any accident or collision or damage occurring within this state in which the motor vehicle is involved." KRS 188.020
It is appellant's claim that an airplane is clearly a vehicle and that it has a motor, and hence is encompassed in the term "motor vehicle" as used in KRS 188.020.
Appellant also cites to us the definitions included in Chapter 188:
KRS 188.010
It is appellant's claim that when the statute undertook to define motor vehicle partly by listing exclusions and failed to include airplanes therein that this fact should be looked upon as conclusive. Appellant also cites as significant the omission of the term "public highway" from the language of the nonresident service provision KRS 188.020 previously cited.
Both sides concede that this exact issue has never reached the Court of Appeals of Kentucky where interpretation would control in this diversity case. But, surprisingly, long ago a closely parallel situation was decided by the Supreme Court of the United States.
In 1931 Mr. Justice Holmes reversed a conviction under the Dyer Act (18 U.S.C. § 408) where appellant had been convicted of illegal transportation of an airplane in interstate commerce:
The weight of authority on this question has tended in subsequent years to follow this view. Hayden v. Boyle, 174 Kan. 140, 254 P.2d 813, 36 A.L.R.2d 1278 (1953); Rich v. Finley, 325 Mass. 99, 89 N.E.2d 213, 12 A.L.R.2d 669 (1949); Byrd v. Piedmont Aviation, Inc., 256 N.C. 684, 124 S.E.2d 880 (1962); Newberger v. Pokrass, 27 Wis.2d 405, 134 N.W.2d 495 (1965); Gridley v. Cardenas, 3 Wis.2d 623, 89 N.W.2d 286 (1958). But see Barnes v. Crowe, 240 S.W.2d 604 (Ky.1951); South Mississippi Airways v. Chicago & Southern Airlines, 200 Miss. 329, 26 So.2d 455, 165 A.L.R. 906 (1946).
Since we, like Justice Holmes and the District Judge, simply do not think that the term "motor vehicle" as used in normal parlance applies to airplanes, this might end the matter; but for a case (Barnes v. Crowe, supra) where, again in a somewhat different context, the Kentucky Court of Appeals held that an airplane could be comprehended in the term "motor vehicle" — at least for purposes of allowing the Kentucky State Police Commissioner to buy an airplane under KRS 16.070(1) which provided in part:
KRS 16.070
The Court of Appeals, after quoting a number of rather inconclusive definitions said:
To continue reading
Request your trial-
Citizens to Save Spencer County v. U.S. E.P.A.
...congressional scheme. See Lan Jen Chu v. Commissioner of Internal Revenue, 486 F.2d 696, 700 (1st Cir. 1973); First Bank & Trust Co. v. Feuquay, 405 F.2d 990, 993 (6th Cir. 1969); White v. Chicago, B & Q R. R., 417 F.2d 941, 948 (8th Cir. 1969).16 § 168, 91 Stat. 740, 42 U.S.C.A. § 7478 (19......
-
Associated Press v. FCC
...(1959); Maguire v. Commissioner of Internal Revenue, 313 U.S. 1, 9, 61 S.Ct. 789, 85 L.Ed. 1149 (1941); First Bank & Trust Co. of Princeton v. Feuquay, 405 F.2d 990, 993 (6th Cir. 1969). 48 United States v. Gulf Ref. Co., 268 U.S. 542, 546, 45 S.Ct. 597, 69 L.Ed. 1082 (1925); Willingham v. ......
-
Laufman v. Oakley Bldg. & Loan Co.
...housing." The titles of legislative enactments are, of course, one indication of legislative intent. First Bank & Trust Co. of Princeton Ky. v. Feuquay, 405 F.2d 990, 993 (6th Cir. 1969). But examination of § 3604 reveals that it not only deals with discrimination in the sale or rental of h......
-
McReynolds v. Municipal Court of City of Ottumwa
...has been recognized by almost all modern-day court decisions interpreting that word. First Bank and Trust Co. of Princeton, Ky. v. Feuquay, 405 F.2d 990 (6 Cir. 1969); In re Hayden's Estate, 174 Kan. 140, 254 P.2d 813 (1953); Building Inspector of Falmouth v. Gingrass, 338 Mass. 274, 154 N.......