Shemwell v. Owensboro & N. R. R.
Court of Appeals of Kentucky
Case 64 — Action by W. M. S'uemwell against Owensboro & Nashville R. R. Co. for Damages for Personal Injuries. APPEAL FROM LOGAN CIRCUIT COURT. Judgment foe Defendant and Plaintiff Appeals.
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Case 64 — Action by W. M. S'uemwell against Owensboro & Nashville R. R. Co. for Damages for Personal Injuries. APPEAL FROM LOGAN CIRCUIT COURT. Judgment foe Defendant and Plaintiff Appeals. POINT'S. 1. A demurrer admits the facts stated in a pleading to which said demurrer is filed. 2. A servant employed to have charge of a water station is bound to discharge his draty and save said property from destruction from fire or other casualty, if in his power to so do. 3. A servant must obey the instructions of the master, however hazardous. 4. A person is in duty bound morally and legally to…
1Opinion of the Court
Opinion of the court by
JUDGE O’REAR
Affirming.
Appellant was the keeper of a water tank and pumping house on appellee’s railway. He was the sole agent or servant in charge of, or connected with, that place. His principal duty was to operate the engine that pumped water into a large tank from which the locomotives were supplied. He alleges that on an occasion the smokestack of the boiler connected with his engine became so out of repair that it *560deflected sparks onto the roof of the little building in which the engine was situated, setting fire to the roof; that he went upon the roof to put out…
2Cases cited6 opinions
- Missouri Furnace Co. v. AbendIllinois Supreme Court · 1883
- Wilson v. Chess & Wymond Co.Court of Appeals of Kentucky · 1904
- Eureka Co. v. BassSupreme Court of Alabama · 1886
- Pfisterer v. J. H. Peter & Co.Court of Appeals of Kentucky · 1904
- Gulf, Colorado & Santa Fe Railway Co. v. BrentfordTexas Supreme Court · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Ballard & Ballard Co. v. Lee's Admr.Court of Appeals of Kentucky · 1909
- Gaines & Co. v. JohnsonCourt of Appeals of Kentucky · 1907
- American Tobacco Co. v. AdamsCourt of Appeals of Kentucky · 1910
- City of Owensboro v. GabbertCourt of Appeals of Kentucky · 1909
- Wight v. Cumb. Telph. & Telg. Co.Court of Appeals of Kentucky · 1910
11 more not listed; retrieve them via the Exa API.