Smith v. Trimble
Court of Appeals of Kentucky
Case 97 — Action to Recover Damages for Personal Injuries— APPEAL PROM KENTON CIRCUIT COURT. Judgment por Defendant and Plaintiff Appeals. Appellant was sent by his employer to hang paper in appellee’s dwelling house in the city of Covington. He was in a room up stairs at work. His assistant was down on the ground making paste for appellant.
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Case 97 — Action to Recover Damages for Personal Injuries— APPEAL PROM KENTON CIRCUIT COURT. Judgment por Defendant and Plaintiff Appeals. Appellant was sent by his employer to hang paper in appellee’s dwelling house in the city of Covington. He was in a room up stairs at work. His assistant was down on the ground making paste for appellant. In order to communicate With his -assistant, -to .ask him to bring up some paste, he stepped out through a back door on to a back porch or balcony, and the porch gave way and threw him heavily on the ground b.elow, severely injuring him, making him a…
1Opinion of the Court
Opinion of the court by
Judge O’Rear
Affirming.
Appellant, a workman oí a contractor papering certain, rooms of appellee’s house, was injured by stepping onto-a balcony leading from an upper porch to an adjacent room, when the balcony fell, precipitating him to the ground and injuring him. It was not necessary to use this balcony in going to or from the rooms upon which he was at work, but he did use it, without the knowledge or consent off appellee, for his (appellant(s) greater convenience in calling -to a fellow workman below. The falling of the balcony was primarily caused by its unsafe and…
2Cases cited2 opinions
- Gilbert v. NagleMassachusetts Supreme Judicial Court · 1875
- Parker v. JenkinsCourt of Appeals of Kentucky · 1868
3Cited by18 opinions
- Pettyjohn & Sons v. BashamSupreme Court of Virginia · 1919
- Upp v. DarnerSupreme Court of Iowa · 1911
- City of Madisonville v. PooleCourt of Appeals of Kentucky (pre-1976) · 1952
- Thompson v. Beard and Gabelman, Inc.Supreme Court of Kansas · 1950
- Meeks v. CowartCourt of Appeals of Texas · 1935
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