Legal Opinion

L. & N. R. R. v. Willis

Court of Appeals of Kentucky

Decided May 7, 1885PublishedCited by 14 opinions

Case 9 — PETITION OEDINAEY APPEAL PROM SHELBY CIRCUIT COURT. 1. As the appellant-did not hire the■ appellee’s son and was guilty of no neglect, it is not liable for an injury resulting to .the boy from his voluntary attempt to render a personal service to the company’s conductor. ' ‘.2. As the injured boy was not. an infant of tender years, the extreme rule contended for by counsel for appellee does not apply. 'There is no evidence that appellant employed appellee’s son, as…

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Case 9 — PETITION OEDINAEY APPEAL PROM SHELBY CIRCUIT COURT. 1. As the appellant-did not hire the■ appellee’s son and was guilty of no neglect, it is not liable for an injury resulting to .the boy from his voluntary attempt to render a personal service to the company’s conductor. ' ‘.2. As the injured boy was not. an infant of tender years, the extreme rule contended for by counsel for appellee does not apply. 'There is no evidence that appellant employed appellee’s son, as neither the company nor it's Conductor exercised 'any control over him, or claimed any interest in him or his services.…

1Opinion of the Court

JUDGE HOLT

delivered the opinion of the court.

The appellee, W. J. Willis, recovered a judgment in the lower court for five hundred dollars for trouble and expense -in caring -for his, son and ■ the loss of his service, arising from an injury to him while engaged in coupling'the cars of the appellant.

The "father bases his right,,t,o regpver upon .the fact that his son was under age, and .that .thp, appellant, without his knowledge or consent,--employed 'and ■permitted the sofi’ to' fender ' servibe 'for [it "in'"’the hazardous capacity of brakeman.

*59The answer denies the allegations of the…

2Cited by14 opinions

  1. Western Union Telegraph Co. v. LinnTexas Supreme Court · 1894
  2. Rounds Bros. v. McDanielCourt of Appeals of Kentucky · 1909
  3. Meers v. McDowellCourt of Appeals of Kentucky · 1901
  4. Hendrickson v. L. & N. R. R.Court of Appeals of Kentucky · 1910
  5. Taylor v. Chesapeake & O. R'y Co.West Virginia Supreme Court · 1896

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