Teets v. Snider Heading Manufacturing Co.
Court of Appeals of Kentucky
Case 81. — ACTION ' BY WESLEY TESTS, BY NEXT FRIEND; AGAINST THE SNIDER HEADING MANUFACTURING CO. FOR DAMAGES FOR PERSONAL INJURIES. Appeal from Lewis Circuit Court. James P. Haebeson, Circuit Judge. Prom a judgment dismissing the petition plaintiff appeals.
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Case 81. — ACTION ' BY WESLEY TESTS, BY NEXT FRIEND; AGAINST THE SNIDER HEADING MANUFACTURING CO. FOR DAMAGES FOR PERSONAL INJURIES. Appeal from Lewis Circuit Court. James P. Haebeson, Circuit Judge. Prom a judgment dismissing the petition plaintiff appeals. We submit that the court erred in refusing to permit plaintiff to file the amended petition correcting a mistake in the name of the party sued: 1. Because-under see. 132, Civil Code, “the plaintiff may at any time before answer, amend his petition without leave.” 2. It was clearly an abuse of discretion, under'sec. 134, Civil Code, to…
1Opinion of the Court
Opinion by
Judge Settle
Eeversing.
The appellant, Wesley Teets, an infant, by his next friend, sued in the Lewis Circuit Court to recover damages of the Snider Heading Manufacturing Company for injuries sustained to his hand, and alleged to have been caused by the negligent manner in which its servants operated a saw in its manufacturing establishment. It was alleged in the petition that the Snider Manufacturing Company was a corporation engaged in the manufacture of barrel heading in Lewis county. Summons in the action was served on C. S. Cottingham, as agent of the company. At the appearance…
2Cases cited1 opinion
- Leatherman v. Times Co.Court of Appeals of Kentucky · 1889
3Cited by12 opinions
- University of Louisville v. HammockCourt of Appeals of Kentucky · 1907
- Geneva Cooperage Co. v. BrownCourt of Appeals of Kentucky · 1906
- Vassill's Adm'r v. ScarsellaCourt of Appeals of Kentucky (pre-1976) · 1942
- Goldstein v. Peter Fox Sons Co.North Dakota Supreme Court · 1912
- Bowles v. Marx Hide & Tallow Co.District Court, W.D. Kentucky · 1945
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