L., H. & St. L. R. R. v. Morgan
Court of Appeals of Kentucky
Case 85 — Action to Recover Damages for Personal Injuries— APPEAL FROM BRECKINRIDGE CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. POINTS AND AUTHORITIES. 1. The first instruction is abstract and should not have been given. 2. Ordinary risk defined.
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Case 85 — Action to Recover Damages for Personal Injuries— APPEAL FROM BRECKINRIDGE CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. POINTS AND AUTHORITIES. 1. The first instruction is abstract and should not have been given. 2. Ordinary risk defined. Shearman & Redfield on Negligence, vol. 1, sec. 185. 3. Instruction No. 2 assumes negligence; does not leave that fact to be ascertained by the jury. 4. Misconduct of attorney for plaintiff. 5. The court erred in permitting the jury to take to the jury room the deposition of Homer Westbrook. Civil Code, .see. 321; Goode v. Campbell,…
1Opinion of the Court
*741Opinion op the court by
JUDGE WHITE
Reversing.
Appellee brought this action to recover damages for injuries received while engaged in appellant’s service in building a bridge across Green river. It is alleged 'that the injuries were caused by the gross negligence of the ‘foreman of the bridge crew, engaged in putting in the bridge, in carelessly and negligently handling the bridge timbers, so that appellee was struck with a large timber, and knocked into an excavation, and was seriously injured. The answer denied any negligence, and pleaded that the injury was caused solely by the negligence of…
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