Commonwealth v. Henderson's Guardian

Opinion op the Court by

Creal, Commissioner—

Reversing.

Pursuant to an enabling act passed at tbe 1930 session of the General Assembly of Kentucky, George Roper, Jr., as guardian for Claude Henderson, an infant, instituted this action against the commonwealth seeking to recover damages for personal injuries to the ward, caused by the explosion of dynamite caps alleged to have been negligently left exposed by employees at the state garage in Ashland. Trial before a jury resulted in verdict and judgment for plaintiff in the sum of $6,000, and the commonwealth has appealed.

It is first argued as…