J. E. M. Milling Co. v. Gaines

Opinion op the Court by

Judge Logan

Reversing.

Miss Bird Gaines stepped into what she designated as a “rough, rugged hole’.’ in a sidewalk in the city of Frankfort on August 10, 1928, while she was exercising ordinary care for her own safety, with the result that she was painfully injured. She instituted an action in the Franklin circuit court to recover damages from the J. E. M. Milling Company, the Lexington Roller Mills Company, the Gulf Refining Company, and Charles Duvall. The J. E. M. Milling Company was the owner of the lot abutting the sidewalk where the hole existed that caused the…