Barnes v. Crowe
| Decision Date | 19 June 1951 |
| Parties | BARNES, Acting Commissioner, Department of Finance, v. CROWE, Commissioner, Department of Kentucky State Police. |
| Court | United States State Supreme Court — District of Kentucky |
Squire N. Williams, Jr., Frankfort, for appellant.
Seth T. Boaz, Jr., Frankfort, for appellee.
WADDILL, Commissioner.
This action was instituted in the Franklin Circuit Court pursuant to the provisions of the Civil Code of Practice, Section 639a-1, seeking a declaration of the rights of the parties in this existing controversy.
A judgment was entered declarating that the Commissioner of Kentucky State Police has the authority under KRS 16.070(1) to purchase aircraft for the use of that department in the performance of its functions. The pertinent part of KRS 16.070(1), the construction of which is in issue reads as follows:
KRS 446.080, provides:
'(1) All statutes of this state shall be liberally construed with a view to promote their objects and carry out the intent of the legislature, and * * *.
* * *
* * *
'(4) All words and phrases shall be construed according to the common and approved usage of language, but technical words and * * *.'
The word 'vehicle' is defined by Webster's New International Dictionary, Second Edition, as follows:
While not authority for the construction of the statute in question, it will be observed that in 1950 our legislature defined 'motor vehicle' in connection with statutory liens, under KRS 376.281, as follows: 'As used in KRS 376.270 and 376.280 'motor vehicle' shall include vehicles used or designed for navigation of or flight in the air, as well as those used or designed for operaton on the public highways.'
In MacKnight v. Federal Life Ins. Co., 278 Ill.App. 241, the word 'vehicle' within an accident policy insuring against death from wrecking or disablement of any vehicle in which insured is riding, was held to apply to any conveyance, whether on land or on water or in the air.
The term 'motor vehicle' is defined in Vol. 60 C.J.S., ...
To continue reading
Request your trial
-
First Bank and Trust Co. of Princeton, Ky. v. Feuquay
...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 Since we, like Justice Holmes a......
-
Coast to Coast Marketing v. Gordon B. Hamilton Co.
...or on water or in the air); McReynolds v. Municipal Court of the City of Ottumwa, 207 N.W.2d 792 (Iowa 1973) (airplane); Barnes v. Crowe, 240 S.W.2d 604 (Ky.1951) (airplane); South Miss. Airways v. Chicago & Southern Airlines, 200 Miss. 329, 26 So.2d 455 (1946) (airplane); Vetrano v. Aetna ......