City of Owensboro v. Gabbert
Court of Appeals of Kentucky
CASE 44 — ACTION BY G. M. GABBERT AGAINST THE CITY OP OWENSBORO. Appeal from Daviess Circuit Court. T. F. Burkhead, Circuit Judge. Judgment for plaintiff, defendant appeals. CLASSIFICATION OF QUESTIONS DISCUSSED. 1. Where the work is one of construction, reconstruction, destruction or repair, the master is not charged with the duty of exercising care to discover dangerous or unsafe places, and the risks, incident to the places and kinds of work, are assumed by the servant.
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CASE 44 — ACTION BY G. M. GABBERT AGAINST THE CITY OP OWENSBORO. Appeal from Daviess Circuit Court. T. F. Burkhead, Circuit Judge. Judgment for plaintiff, defendant appeals. CLASSIFICATION OF QUESTIONS DISCUSSED. 1. Where the work is one of construction, reconstruction, destruction or repair, the master is not charged with the duty of exercising care to discover dangerous or unsafe places, and the risks, incident to the places and kinds of work, are assumed by the servant. Kentucky Block Cannel Coal Co. v. Nanz, 165 Fed., 46, and citations; Armour v. Hahn, 111 U. S., 313, 4 Sup. Ct. 433, 28…
1Opinion of the Court
*349Opinion op the Court by
Judge Carroll
Affirming.
This appeal is prosecuted from a judgment in favor of appellee in an action brought by him against the appellant to recover damages for injuries sustained while in its employment as a laborer digging a ditch.
It appears from the evidence that appellee, under the direction of a superior servant of the city, was engaged in digging a ditch two feet wide and six feet deep in a sandy soil. The ditch was not braced or supported in any way, although it could have been shored up and made safe at little expense, and the sand in the side of the ditch gave…
2Cases cited5 opinions
- Wilson v. Chess & Wymond Co.Court of Appeals of Kentucky · 1904
- Ballard & Ballard Co. v. Lee's Admr.Court of Appeals of Kentucky · 1909
- Shemwell v. Owensboro & N. R. R.Court of Appeals of Kentucky · 1904
- Welch v. Carlucci Stone Co.Supreme Court of Pennsylvania · 1906
- Western Union Telegraph Co. v. HoltbyCourt of Appeals of Kentucky · 1906
3Cited by19 opinions
- Louisville & Nashville Railroad v. AdamsCourt of Appeals of Kentucky · 1912
- E. J. O'Brien & Co. v. Shelton's Adm'rCourt of Appeals of Kentucky (pre-1976) · 1932
- Breslin v. BlairCourt of Appeals of Kentucky (pre-1976) · 1933
- Gatliff Coal Co. v. Hill's Adm'rCourt of Appeals of Kentucky (pre-1976) · 1934
- North East Coal Co. v. SetzerCourt of Appeals of Kentucky · 1916
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