Volz v. Chesapeake, R.
Court of Appeals of Kentucky
Cask 31 — PETITION ORDINARY APPEAL PROM CAMPBELL CIRCUIT COURT. 1. Gross negligence makes employer liable even for act of fellow-servant of plaintiff. (Wagner v. Wetmoro, 12 Ky. Law Rep., G38; Greenwood v. McHenry Coal Co., 14 Ky. Law Rep., 330; Doyle v. Swift’s Iron & Steel Works, 5 Ky. Law Rep., 59; L. & N. It.
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Cask 31 — PETITION ORDINARY APPEAL PROM CAMPBELL CIRCUIT COURT. 1. Gross negligence makes employer liable even for act of fellow-servant of plaintiff. (Wagner v. Wetmoro, 12 Ky. Law Rep., G38; Greenwood v. McHenry Coal Co., 14 Ky. Law Rep., 330; Doyle v. Swift’s Iron & Steel Works, 5 Ky. Law Rep., 59; L. & N. It. Co. v. Robinson, 4 Rush, 509; L. & N. R. Co. v. Pilburn, C Bush, 575; L. & N. R. Oo. v. Brooks,-83 Ky.,135; L. & N. R. Co. v. Moore, 83 Ky., 075.) 2. Appellee is liable if appellant’s injuries were caused by the negligence of appellee’s servants or agents superior to or in control of…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion of the court.
The appellant was a member of a crew of workmen engaged in driving piles on the road of the appellee. Through the gross negligence of a fellow-workman his arm was crushed and cut off while “ ringing” a split pile by the premature fall of a hammer under the control of the fellow-workman. The foreman in charge • of the crew was in nowise at fault or negligent upon the. occasion of the accident.
Upon the conclusion of the testimony offered by the appellant, showing the state of case indicated, the court peremptorily instructed the jury to find for…
2Cases cited6 opinions
- Louisville & Nashville Railroad v. CollinsCourt of Appeals of Kentucky · 1865
- Louisville, Cincinnati & Lexington R. R. v. Cavens's administratorCourt of Appeals of Kentucky · 1873
- L. & N. R. R. v. MooreCourt of Appeals of Kentucky · 1886
- Louisville & Nashville Railroad v. Brooks' Adm'xCourt of Appeals of Kentucky · 1885
- Fort Hill Stone Co. v. Orm's Adm'rCourt of Appeals of Kentucky · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Louisville & N. R. R. v. BrownCourt of Appeals of Kentucky · 1908
- Commonwealth v. GrinsteadCourt of Appeals of Kentucky · 1900
- S. F. Dana & Co. v. BlackburnCourt of Appeals of Kentucky · 1906
- Chesapeake & N. R. Co. v. VenableCourt of Appeals of Kentucky · 1901
- Burton Construction Co. v. MetcalfeCourt of Appeals of Kentucky · 1915
5 more not listed; retrieve them via the Exa API.