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Noble v. Louisville Transfer Co.

Kentucky Court of Appeals
255 S.W.2d 493 (1952)


Pregnant Marcella Noble and her daughter Sherry (plaintiffs) took a Louisville Transfer Co. (defendant) taxi home from the train station at about two in the morning. Five-year-old Sherry vomited in the taxi. When they arrived home, Mrs. Noble claimed that the taxi driver, James Wood, Sr., (defendant) ordered her to clean up the vomit. Wood remained outside with Sherry while Mrs. Noble went inside for a rag, then returned and cleaned the floor of the taxi. Mrs. Noble claimed Wood held Sherry next to the taxi to detain her. Wood claimed he never held Sherry, but said “Why, honey, you are not through vomiting yet, are you?” because she began heaving again, and touched her only to keep her from falling over. The Nobles sued for assault, battery, and false imprisonment. The trial court entered a directed verdict for the defendants and the Nobles appealed.

Rule of Law


Holding and Reasoning (Milliken, J.)

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