Mitchell v. Southern Railway Co.
Court of Appeals of Kentucky
CASE 21 — ACTION BY THOMAS MITCHELL AGAINST THE SOUTHERN RAILWAY COMPANY TO RECOVER A BALANCE DUE ON A CONTRACT. Appeal from Jefferson Circuit Court. C. P. Brandi (Second Division). Matt 0’Doi-ierty, Judge. Judgment for defendant. Plaintiff appeals.
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CASE 21 — ACTION BY THOMAS MITCHELL AGAINST THE SOUTHERN RAILWAY COMPANY TO RECOVER A BALANCE DUE ON A CONTRACT. Appeal from Jefferson Circuit Court. C. P. Brandi (Second Division). Matt 0’Doi-ierty, Judge. Judgment for defendant. Plaintiff appeals. POINTS AND AUTHORITIES CITED, 1. A contract will not be construed to require one person to pay another’s damages resulting from the latter’s own negligence unless the purpose of the parties to make such a contract is so unjnistiakably plain that this construction cannot be avoided. (Perkins v. New York Central R. Co., 24 N. Yf 206; Mynard v.…
1Opinion of the Court
Opinion op the Court by
Judge Paynter
Reversing.
On the 9th day of April, 1901, the appellant, Mitchell, and the defendant, Southern Railway Company, entered into a contract by which Mitchell was to do certain work in the construction of a tunnel on the line of the appellee’s railway in Indiana, according to the specifications made a part of the contract. The specifications contained the following provision:
“The contractor takes all risks in regard to accidents and casualities of all kinds which may occur during the progress of the work and to he held responsible for all damages to work as well…
2Cases cited2 opinions
- Lessee of Ewing v. BurnetSupreme Court of the United States · 1837
- Mynard v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1877
3Cited by33 opinions
- Southern Pacific Co. v. LaymanOregon Supreme Court · 1943
- Employers Mutual Liability Insurance Co. of Wisconsin v. Griffin Construction Co.Court of Appeals of Kentucky (pre-1976) · 1955
- Boston & Maine Railroad v. T. Stuart & Son Co.Massachusetts Supreme Judicial Court · 1920
- Bank of New York v. JanowickCourt of Appeals for the Sixth Circuit · 2006
- Southern Bell Telephone & Telegraph Co. v. Mayor of MeridianCourt of Appeals for the Fifth Circuit · 1935
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