Southern Ry. v. Pope's Admr.
Court of Appeals of Kentucky
Appeal from Jefferson Circuit Court (Common Pleas Branch, Third Division). Matt 0 ’Doherty, Judge. Judgment for plaintiff, defendant appeals. POINTS AND AUTHORITIES. 1. The peremptory instruction asked for by the appellant (defendant), should have been given because a servant who is injured while doing work other than that which he has been employed to perform, has no right of recovery against his master.
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Appeal from Jefferson Circuit Court (Common Pleas Branch, Third Division). Matt 0 ’Doherty, Judge. Judgment for plaintiff, defendant appeals. POINTS AND AUTHORITIES. 1. The peremptory instruction asked for by the appellant (defendant), should have been given because a servant who is injured while doing work other than that which he has been employed to perform, has no right of recovery against his master. L. & N. v. Pendelton’s Admr., 31 K. L. R. 1025; 104 S. W. 382; Hatfield v. Adams, 123 Ky. 428; Mitchell-Tranter Co. v. Ehmett, 23 K. L. R. 1788; Ehmett v. Mitchell-Tranter Co., 80 S. W,…
1Opinion of the Court
Opinion op the Court by
Judge Barker.
Reversing.
This action was instituted by the appellant, the administrator of Edward Pope, deceased, to recover damages of the Southern Railway Company in Kentucky for the death of Pope, alleged to have been caused by the negligence of the employes of the railway company. The negligence alleged was that Pope, who was a cinder pit man, engaged in cleaning the ashes and cinders out of engines, was placed by the-employes of the company at the hazardous duty of acting brake-man in switching cars about the yards-of the company without having first given him any.…
2Cases cited2 opinions
- Louisville & N. R. R. v. Pendleton's Admr.Court of Appeals of Kentucky · 1907
- Hatfield v. AdamsCourt of Appeals of Kentucky · 1906
3Cited by6 opinions
- Cross v. Passumpsic Fibre Leather Co.Supreme Court of Vermont · 1916
- Byram v. Illinois Central RailroadSupreme Court of Iowa · 1915
- Kentucky Lumber Co. v. NicholsonCourt of Appeals of Kentucky · 1914
- Zornes v. Chesapeake & Ohio Railway Co.Court of Appeals of Kentucky · 1917
- O. C. Whitaker Co. v. HallCourt of Appeals of Texas · 1944
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