Gaines & Co. v. Johnson
Court of Appeals of Kentucky
Appeal from Franklin Circuit Court. R. L. Stout, Circuit Judge. Judgment for plaintiff, defendants appeal. POINTS AND- AUTHORITIES RELIED ON. 1. As to what a servant has a right to presume when. entering upon service of the master. (Sher. & Red., Sec. 185b.) 2 As to what servant not presumed to know.
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Appeal from Franklin Circuit Court. R. L. Stout, Circuit Judge. Judgment for plaintiff, defendants appeal. POINTS AND- AUTHORITIES RELIED ON. 1. As to what a servant has a right to presume when. entering upon service of the master. (Sher. & Red., Sec. 185b.) 2 As to what servant not presumed to know. (Thompson on Neg., Sec. 464,5; Bailey on Master & Ser., pages 116, 184-5; A. C. & I. v. Wallace, 19 R. 849; O. V. R. Oo-. v. M-cKinley, 17 R. 1028; J.ames v. Aimes, 26 R. 498.) 3. Duty of inspection by master. (Sher. & Red., See. 194a.) 4. Duty of master to provide proper instrumentalities.…
1Opinion of the Court
Opinion op the Court by
Judge Carroll.
Reversing.
Tlie appellee brought this action against the appellant company to recover damages for injuries sustained by Mm while in its employment at the Old Crow distillery, and from'a judgment in his favor the appellant appeals, and assigns as error the failure of the lower court to require the plaintiff to make the allegations of the petition more specific, the refusal of the court to give a peremptory instruction, error in giving instructions to the jury, and miscon*510duct of counsel for appellee in the argument of the case.
The petition charges that “while…
2Cases cited5 opinions
- Wilson v. Chess & Wymond Co.Court of Appeals of Kentucky · 1904
- Lou. & Nash. R. R. v. MitchellCourt of Appeals of Kentucky · 1888
- Louisville, Cincinnati & Lexington R. R. v. Case's administratorCourt of Appeals of Kentucky · 1873
- Ford v. Providence Coal Co.Court of Appeals of Kentucky · 1907
- Shemwell v. Owensboro & N. R. R.Court of Appeals of Kentucky · 1904
3Cited by32 opinions
- Blue Grass Traction Co. v. InglesCourt of Appeals of Kentucky · 1910
- Lexington Ry. Co. v. BrittonCourt of Appeals of Kentucky · 1908
- Davis' Admr. v. Ohio Valley Banking & Trust Co.Court of Appeals of Kentucky · 1908
- Monroe v. Standard Sanitary Manufacturing Co.Court of Appeals of Kentucky · 1911
- Strong v. Louisville Nashville Railroad Co.Court of Appeals of Kentucky (pre-1976) · 1931
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