Corken v. Corken Steel Products, Inc.

I respectfully dissent because I feel that the doctrine of Lexington Railway System v. True, 276 Ky. 446, 124 S.W.2d 467, is sound and for the further reason that it is unwise to change it. It has been followed for many years in many cases; thus, the rule is well established. The majority opinion recognizes this in pointing out that many cases would have to be overruled.

The basis of the rule is set forth in Maddox v. Heaven Hill Distilleries, Inc., Ky., 329 S.W.2d 189, as follows:

“When we test the facts of the instant case by our definition of ‘arising out of’ we find that this injury did not…