Wilson v. Chesapeake & Ohio Ry. Co.
Court of Appeals of Kentucky
CASE 23. — PERSONAL INJURY ACTION BY M. B. WILSON AGAINST THE CHESAPEAKE & OHIO RAILWAY COMPANY — Appeal from Greenup Circuit Court. S. G. Kinner, Circuit Judge. Judgment for defendant.
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CASE 23. — PERSONAL INJURY ACTION BY M. B. WILSON AGAINST THE CHESAPEAKE & OHIO RAILWAY COMPANY — Appeal from Greenup Circuit Court. S. G. Kinner, Circuit Judge. Judgment for defendant. Plaintiff appeals. — 1. The master’s duty to provide for the servant a safe place to work, extends only to such part of the premises as it is necessary for the servant to use in the performance of his labors. 2. The mere proof of the custom of the appellant and others-to go to -this particular restaurant, is not sufficient to create any additional duty upon the part of the master, in the absence of proof that…
1Opinion of the Court
Opinion of the Court by
Judge Barker —
Affirming.
The appellant, M. B. Wilson, instituted this- action to recover from the appellee, the Chesapeake & Ohio-Railway Company, damages for injuries accruing to-him by his inadvertently stepping into a hole filled with hot water, by which he severely scalded his leg.His cause of action is- based upon the alleged negligence of the corporation in leaving the pool exposed without guards to prevent the unwary from falling into it. Issue was made upon the alleged negligence of the defendant, and the contributory negligence of the plaintiff was pleaded in…
2Cases cited3 opinions
- Louisville & Nashville R. R. v. HockerCourt of Appeals of Kentucky · 1901
- Smith v. TrimbleCourt of Appeals of Kentucky · 1901
- Louisville & N. R. R. v. Pendleton's Admr.Court of Appeals of Kentucky · 1907
3Cited by5 opinions
- McInerney v. Buffalo & Susquehanna RailroadNew York Court of Appeals · 1919
- Holliday v. Merchants & Miners Transportation Co.Supreme Court of Georgia · 1926
- Zornes v. Chesapeake & Ohio Railway Co.Court of Appeals of Kentucky · 1917
- Kirby Lumber Co. v. ScurlockCourt of Appeals of Texas · 1921
- Boner v. Eastern Michigan Power Co.Michigan Supreme Court · 1916