Bogenschutz v. Smith
Court of Appeals of Kentucky
Case 48 — PETITION ORDINARY APPEAL PROM KENTON CIRCUIT COURT. 1. The petition is fatally defective in that it does not allege that the plaintiff did not know of the alleged defect from which he claims the injury resulted. (Wood pn Master and Servant, sec. 414, p. 791 ; Beach on Contributory Negligence, sec. 123 ; 2 Thompson on Negligence, p. 971; Cooley on Torts, pp. 541 and 549; Quaid v. Cornwall, 13 Bush, 601; Williams v. Clough, 3 Hurl, and N., 258 ; Sullivan v. ■ Lou.
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Case 48 — PETITION ORDINARY APPEAL PROM KENTON CIRCUIT COURT. 1. The petition is fatally defective in that it does not allege that the plaintiff did not know of the alleged defect from which he claims the injury resulted. (Wood pn Master and Servant, sec. 414, p. 791 ; Beach on Contributory Negligence, sec. 123 ; 2 Thompson on Negligence, p. 971; Cooley on Torts, pp. 541 and 549; Quaid v. Cornwall, 13 Bush, 601; Williams v. Clough, 3 Hurl, and N., 258 ; Sullivan v. ■ Lou. Bridge Co., 9 Bush; Seymour v. Maddox, 16 Q. B., 332; Brown v. Accrington Cotton Spinning Co., 3 Kent, C., 511; Mellons v.…
1Opinion of the Court
JUDGE HOLT
delivered the opinion oe the court.
*336The alleged negligence of the employer toward the employe is in this instance confined by the petition to the alleged obstruction of the gangway in the foundry of the appellant along which the appellee, as á moulder in his employ, together with the other workmen, carried molten iron in ladles from the cupola, as it is called, to the moulding floors. It is claimed that certain vessels for holding iron were along or upon the margin of the gangway, and that they, or the handles to them, extended into it some two or three feet, it being from six to ten…
2Cases cited3 opinions
- Mad River & Lake Erie Railroad v. BarberOhio Supreme Court · 1856
- International & Great Northern Railroad v. DoyleTexas Supreme Court · 1878
- Sullivan's adm'r v. Louisville Bridge Co.Court of Appeals of Kentucky · 1872
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- Epperson v. Postal Telegraph Cable Co.Supreme Court of Missouri · 1900
- Berger v. Standard Oil Co.Court of Appeals of Kentucky · 1907
- Pfisterer v. J. H. Peter & Co.Court of Appeals of Kentucky · 1904
- Hager v. RobinsonCourt of Appeals of Kentucky · 1913
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. MartinCourt of Appeals of Kentucky · 1912
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