Cincinnati, New Orleans & Texas Pacific Railway Co. v. Gossett

Opinion op the Court by

Commissioner Tinsley—

Reversing.

The appellee, Dewey Gossett, sued the appellant to recover damages for an injury sustained while employed by it in its shops near Somerset, in Pulaski county, Ky. The negligence alleged in the petition is (1) in directing how the labor should be performed and in the performance thereof; and (2) in failing to provide and use safe and suitable tools and appliances in the execution of the work being done, and in directing the use of unsafe and unsuitable tools in the work. The answer put in issue the allegations of negligence; pleaded…