
    Cumberland Telephone & Telegraph Company v. Curtiss, et al.
    (Decided April 10, 1912.)
    Appeals — When Damages Awarded on Dismissal. — Ten per cent damages may be awarded where an appeal is dismissed for want of jurisdiction.
    GLENN & SIMMERMAN for appellant.’
    HEAVRIN & WOODWARD and LIKENS & MOS'ELY .for appellee.
   Opinion op the Court by

Chiep Justice Hobson—

On Motion for Damages.

Where a judgment is superseded and the appeal is dismissed for want of jurisdiction, 10 per cent, damages under the statute may be awarded. (American Accident Co. v. Slaughter, 101 Ky., 269; Nelson County v. Bardstown, 123 Ky., 836.

Motion sustained.  