Ballard's Admx. v. Louisville & Nashville R. R.
Court of Appeals of Kentucky
CASE 80. — ACTION BY JOHN BALLARD’S ADMINISTRATRIX AGAINST THE LOUISVILLE & NASHVILLE R. R. CO. FOR CAUSING THE DEATH OF PLAINTIFF’S INTESTATE. — Appeal from Madison Circuit Court. J. M. Benton, Circuit Judge.
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CASE 80. — ACTION BY JOHN BALLARD’S ADMINISTRATRIX AGAINST THE LOUISVILLE & NASHVILLE R. R. CO. FOR CAUSING THE DEATH OF PLAINTIFF’S INTESTATE. — Appeal from Madison Circuit Court. J. M. Benton, Circuit Judge. Judgment on demurrer for defendant, plaintiff appeals — POINTS AND AUTHORITIES. 1. Duty of master to minor employe. 2. Do the facts alleged in plaintiff’s petition show that the place where the deceased was required to work, was unsafe and the employes associated with him reckless incompetent and unfit? 3. Rule when the dangerous condition is due to the act of a •third person, fellow…
1Opinion of the Court
*829Opinion op the Court by
Judge Hobson
Affirming.
Appellant, as administratrix of John Ballard, instituted this action to recover against the Louisville & Nashville Railroad Company for the death of her intestate. The circuit court sustained a demurrer to the petition, and she appeals.
The facts set up in the petition are these: John Ballard was an apprentice in the defendant’s machine shop at Corbin, Ky. He was an infant, and had been in the shop only three days. There was another apprentice in the shop whose name was Hodge. While Ballard was engaged in his duties Hodge slipped up behind him with…
2Cases cited3 opinions
- Galveston, Harrisburg & San Antonio Railway Co. v. CurrieTexas Supreme Court · 1906
- International & Great Northern Railroad v. CooperTexas Supreme Court · 1895
- Sullivan v. L. & N. R. R.Court of Appeals of Kentucky · 1903
3Cited by15 opinions
- In re LoperIndiana Court of Appeals · 1917
- Oakley v. Flor-Shin, Inc.Court of Appeals of Kentucky · 1998
- Penas v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1910
- Louisville & Nashville Railroad v. Walker's AdministratorCourt of Appeals of Kentucky · 1915
- Payne v. Industrial CommissionIllinois Supreme Court · 1920
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