City of Covington v. Whitney

• Decision Date: 25 October 1906
• Citation: 96 S.W. 907
• Parties: CITY OF COVINGTON v. WHITNEY ET AL.
• Court: Kentucky Court of Appeals

96 S.W. 907

CITY OF COVINGTON v. WHITNEY ET AL.

Court of Appeals of Kentucky.

October 25, 1906

Appeal from Circuit Court, Kenton County.

"Not to be officially reported."

Action by Catherine Whitney against the city of Covington and another. From a judgment in favor of plaintiff against defendant, city of Covington, it appeals, making the other defendant an appellee. Motion of the other defendant to dismiss the appeal as to him. Motion sustained.

F. J. Hanlon, for appellant.

Orlando P. Schmidt, for appellee Thomas Evans.

HOBSON, C.J.

Catherine Whitney sued Thomas Evans and the city of Covington, charging that she had been injured by their negligence. Each of the defendants filed an answer controverting the allegations of the petition. On final hearing there was a judgment in favor of the plaintiff against the city of Covington, but the action as to the defendant Evans was dismissed. The city of Covington has appealed, and has made Catherine Whitney and Thomas Evans appellees. Evans has entered a motion to dismiss the appeal as to him. The motion must be sustained. Catherine Whitney may complain that her petition against Evans was dismissed, but the city has no cause of complaint that no judgment was rendered against Evans, for it sought no remedy against him.

Appeal dismissed as to Evans.