Legal Opinion

Indian Refining Co. v. Mobley

Court of Appeals of Kentucky

Decided October 15, 1909PublishedCited by 40 opinions

CASE 10$. — ACTION BY JOHN J. MOB-LEY AGAINST THE INDIAN REPINING COMPANY POR DAMAGES POR PERSONAL INJURIES. — Appeal from Scott Circuit Court. Judgment for' plaintiff, defendant appeals. — SUMMARY. 1. The appellee was either a trespasser or a bare licensee. He was aot upon the premises of appellant as an invited person. The appellant, therefore, owed him no duty to use care to keep its premises or machinery in a reasonably safe condition.

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CASE 10$. — ACTION BY JOHN J. MOB-LEY AGAINST THE INDIAN REPINING COMPANY POR DAMAGES POR PERSONAL INJURIES. — Appeal from Scott Circuit Court. Judgment for' plaintiff, defendant appeals. — SUMMARY. 1. The appellee was either a trespasser or a bare licensee. He was aot upon the premises of appellant as an invited person. The appellant, therefore, owed him no duty to use care to keep its premises or machinery in a reasonably safe condition. The extent of appellant’s duty was not to wantonly or willfully injure him. The motion of appellant for a peremptory instruction should therefore have been…

1Opinion of the Court

Opinion of the court by

Judge Lassing

Reversing

*824This is an appeal from a judgment of the Scott circuit court awarding appellee, John J. Mobley, $5,000 damages for injuries received by him in the explosion of a steam pipe in appellant’s plant in Georgetown, Ky., while he was there soliciting insurance. Appellee is and was at the time of the injury complained of, a solicitor of insurance for a fraternal order. Appellant owns and operates a large refining plant near Georgetown, and has in its employ a great many men. While appellee was working at Versailles he received word from the management of…

2Cases cited8 opinions

  1. Bransom's adm'r v. LabrotCourt of Appeals of Kentucky · 1884
  2. Benson v. Baltimore Traction Co.Court of Appeals of Maryland · 1893
  3. Galveston Oil Co. v. MortonTexas Supreme Court · 1888
  4. Conley's Adm'r v. Cincinnati, New Orleans & Texas Pacific Railway Co.Court of Appeals of Kentucky · 1889
  5. Louisville & Nashville Railroad v. WebbCourt of Appeals of Kentucky · 1896

3 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. Meiers v. Fred Koch BreweryNew York Court of Appeals · 1920
  2. Pafford v. . Construction Co.Supreme Court of North Carolina · 1940
  3. Dobbie v. Pacific Gas & Electric Co.California Court of Appeal · 1928
  4. Lucas v. WalkerCalifornia Court of Appeal · 1913
  5. Pafford v. J. A. Jones Construction Co.Supreme Court of North Carolina · 1940

35 more not listed; retrieve them via the Exa API.

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