Messmer v. Bell & Coggeshall Co.
Court of Appeals of Kentucky
Appeal from Jefferson Circuit Court, Common Pleas Branch (Third Division). Matt O’Doherty, Judge. Judgment for defendant, plaintiff appeals 1. This work was done in the factory of the appellee, where there -were many employed and many machines, and it is customary for the foreman to employ and even discharge employes. 2. This boy, only thirteen years of age, supposed he was working for the company. 3. The work was done in a room that was under the supervision and control of…
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Appeal from Jefferson Circuit Court, Common Pleas Branch (Third Division). Matt O’Doherty, Judge. Judgment for defendant, plaintiff appeals 1. This work was done in the factory of the appellee, where there -were many employed and many machines, and it is customary for the foreman to employ and even discharge employes. 2. This boy, only thirteen years of age, supposed he was working for the company. 3. The work was done in a room that was under the supervision and control of appellee’s superintendent. 4. The work was done on the machine that was owned by the defendant, running by its power,…
1Opinion of the Court
Opinion of the Court by
Judge Hobson
Reversing.
Edward Messmer, a little boy 13 years of age, working under Charles Wommer at the factory of the Bell & Coggeshall Company, had his hand hurt by getting it in between some unprotected cogwheels, and brought this action to recover for his injury. A trial was had which resulted in a verdict, in his favor for $2,000. A new trial was granted, and a second triaJ was had, which resulted in a judgment and verdict for the defendant. The plaintiff appeals.
The defendant insisted on the trial that the boy was not in its employment, that Charles Wommer was an…
2Cases cited2 opinions
- Singer Manufacturing Co. v. RahnSupreme Court of the United States · 1889
- Kniceley v. West Virginia Midland RailroadWest Virginia Supreme Court · 1908
3Cited by38 opinions
- Tuttle v. Embury-Martin Lumber Co.Michigan Supreme Court · 1916
- American Savings Life Insurance v. RiplingerCourt of Appeals of Kentucky (pre-1976) · 1933
- Bowen v. Gradison Construction CompanyCourt of Appeals of Kentucky (pre-1976) · 1930
- Aderhold v. BishopSupreme Court of Oklahoma · 1923
- Kelley's Dependents v. Hoosac Lumber Co.Supreme Court of Vermont · 1921
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