Louisville Water Co. v. Lutz

Opinion op the Court by

Judge Rees

Affirming.

This is the second appeal of this case. The facts are stated in the opinion on the former appeal, which is reported in Lutz v. Louisville Water Co., 291 Ky. 31, 163 S. W. (2d) 29.

Appellee, a child 14 years of age, was injured when she stepped on the unlocked cover or cap of one of appellant’s meter wells and the cover tilted causing her leg to slide down into the well. At the conclusion of the plaintiff’s evidence on the first trial, the court directed a verdict in favor of the defendant on the theory that the condition complained of was not one that…