Baumeister v. Markham
Court of Appeals of Kentucky
Case 18 — PETITION ORDINARY 1. A suit must be prosecuted in the real name of the party in interest. Civil Code, sec. 18. 2. The Baumeisters were not liable for the negligence or carelessness of Merriweather, he being an independent contractor.
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Case 18 — PETITION ORDINARY 1. A suit must be prosecuted in the real name of the party in interest. Civil Code, sec. 18. 2. The Baumeisters were not liable for the negligence or carelessness of Merriweather, he being an independent contractor. Robinson v. Webb, 11 Bush, 474; Thompson on Negligence, vol. 2, pp. 892, 909 and 912; Rivans v. Chicago, 71 U. S., 432, or 4 Wall, 679; Clark v. Fry, 8 Ohio St., 377; Shearman and Redfield on Negligence, 76 and 80; Defores v. Wright, 2 Mich., 316. 3. The whole of excavation had been securely barricaded and covered, and so remained until after night set…
1Opinion of the CourtChief Justice Lewis
Pauline Markhan brought this action against John Baumeister & Brother, J. J. Merriweather and city of Louisville to recover for personal injury, consisting of a broken leg and bruises on other parts of her body which resulted from a fall ¡at night into a hole in the sidewalk of Seventh street.
The action when called for trial was, on motion of plaintiff, dismissed as to city of Louisville and this is an appeal from a judgment against the remaining defendants for $4,000 in damages.
1st. It is urged as ground for reversal that the lower court disregarding section 363, Civil Code, overruled the…
2Cases cited6 opinions
- Congreve v. . SmithNew York Court of Appeals · 1858
- Fisher v. ThirkellMichigan Supreme Court · 1870
- Buckles v. LambertCourt of Appeals of Kentucky · 1863
- Robinson v. WebbCourt of Appeals of Kentucky · 1875
- Matheny v. WolffsCourt of Appeals of Kentucky · 1865
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- West v. National Mines Corp.West Virginia Supreme Court · 1981
- Louisville & Nashville Railroad v. Johnson's AdministratrixCourt of Appeals of Kentucky · 1914
- Smith v. HumphreyvilleCourt of Appeals of Texas · 1907
- Jennings v. Vincent's Adm'xCourt of Appeals of Kentucky (pre-1976) · 1940
- Clark Bros. v. WycheSupreme Court of Georgia · 1906
24 more not listed; retrieve them via the Exa API.