James' Adm'r v. McMinimy
Court of Appeals of Kentucky
Case 84 — PETITION ORDINARY APPEAL PROM MERCER CIRCUIT COURT. 1. Where the work contracted for must necessarily result in a nuisance the responsibility can not be shifted on the independent contractor.
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Case 84 — PETITION ORDINARY APPEAL PROM MERCER CIRCUIT COURT. 1. Where the work contracted for must necessarily result in a nuisance the responsibility can not be shifted on the independent contractor. (Matheney v. Wolffs, 2 Duv., 137; Robinson v.Webb, 11 Bush, 476; Chicago v. Robbins, 2 Black, 427; 4 Wall., 679. Water Co. v.Ware, 16 Wall., 576; Scammon v. Chicago, 25 111., 426; Ellis v. The Sheffield Gas Co., 23 S. J., Q. B. (N. S.), 42; Wood’s Master and Servant, p. 613.) And the principal is still liable, although he does not know that the work contracted for must necessarily result in a…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion op the court.
The appellees, Ellen and Thomas McMinimy, employed Isaac Wickersham, a competent and skillful person in that line, to build them a house on their lot lying in the town of Ilarrodsburg, Ky. Said employment included the building of a cellar of certain dimensions under the house and the excavation of the earth for that purpose. The bill of exceptions says the evidence adduced before the jury conduced to show that it was necessary, in order to-do the excavation in the ordinary mode of doing that kind of work, to blast with gunpowder. The proof…
2Cases cited1 opinion
- Robinson v. WebbCourt of Appeals of Kentucky · 1875
3Cited by13 opinions
- Young v. Fosburg Lumber Co.Supreme Court of North Carolina · 1908
- Scott Construction Co. v. CobbIndiana Court of Appeals · 1928
- Wetherbee v. PartridgeMassachusetts Supreme Judicial Court · 1900
- City of Hazard Municipal Housing Commission v. HinchCourt of Appeals of Kentucky (pre-1976) · 1967
- Shannon v. Missouri Valley Limestone CompanySupreme Court of Iowa · 1963
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