Covington Saw Mill & Mfg. Co. v. Drexilius
Court of Appeals of Kentucky
Case 63. — ACTION BY MARIE DREXILIUS, &c., AGAINST THE COVINGTON SAWMILL & MANUFACTURING CO., FOR DAMAGES FOR PERSONAL INJURIES. Appeal from Kenton Circuit Court. W. McD. Shaw, Circuit Judge. Judgment for plaintiff. Defendants appeal. POINTS AND AUTHORITIES. 1. Because the court refused the motion of the appellant for a preemptory instruction to the jury to find for it.
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Case 63. — ACTION BY MARIE DREXILIUS, &c., AGAINST THE COVINGTON SAWMILL & MANUFACTURING CO., FOR DAMAGES FOR PERSONAL INJURIES. Appeal from Kenton Circuit Court. W. McD. Shaw, Circuit Judge. Judgment for plaintiff. Defendants appeal. POINTS AND AUTHORITIES. 1. Because the court refused the motion of the appellant for a preemptory instruction to the jury to find for it. The plaintiff’s proof developed that when she was injured she was playing in the street, and she can not recover for injuries received while so engaged. (Rasch v. Licking Rolling Mill Co., 26 Ky. Law Rep., 249; Beach on…
1Opinion of the Court
Opinion by
Judge O’Rear
Reversing.
Appellant was operating a lumber plant on a lot adjoining one of tbe public alleyways of tbe city of Covington. T'o divert a flow of surface water from tbe lot for its own convenience, it constructed and maintained a blind ditcb or sewer, made of oak planks, across tbis alleyway and along tbe side of its lot, wbicb was covered with dirt, biding tbe location of tbe sewer. Tbe ditcb or sewer was not kept in repair, so that the planks became rotten. Appellee, a child of 11 or 12 years of age, while playing on tbe lumber piles and in tbe alley, jumped from one of…
2Cases cited9 opinions
- City of Indianapolis v. EmmelmanIndiana Supreme Court · 1886
- City of Chicago v. KeefeIllinois Supreme Court · 1885
- McGuire v. . SpenceNew York Court of Appeals · 1883
- Gibson v. City of HuntingtonWest Virginia Supreme Court · 1893
- Reed v. City of MadisonWisconsin Supreme Court · 1892
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Irvine v. Town of GreenwoodSupreme Court of South Carolina · 1911
- City of Newport v. SchmitCourt of Appeals of Kentucky · 1921
- Stephens' Administrator v. DeickmanCourt of Appeals of Kentucky · 1914
- Hippodrome Amusement Co. v. CariusCourt of Appeals of Kentucky · 1917
- City of Louisville v. Metropolitan Realty Co.Court of Appeals of Kentucky · 1916
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