Kelly v. Barber Asphalt Co.
Court of Appeals of Kentucky
Case 64 — PETITION ORDINARY APPEAL FROM LOUISVILLE LAW AND EQUITY COURT. 1. The rule is that if the employer knew or ought to have known of the defect complained of he is liable; or when the employe has the right to depend upon the judgment of Ms employer as to the safety of the machinery, and there is negleefcin this regard, a recovery may he had. (Sturm v. Meyer, 12 Ky.
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Case 64 — PETITION ORDINARY APPEAL FROM LOUISVILLE LAW AND EQUITY COURT. 1. The rule is that if the employer knew or ought to have known of the defect complained of he is liable; or when the employe has the right to depend upon the judgment of Ms employer as to the safety of the machinery, and there is negleefcin this regard, a recovery may he had. (Sturm v. Meyer, 12 Ky. Law Rep., .350.) 2. It is the duty of the master to instruct his infant employe and explain to Mm fully the hazards and dangers connected with the business and how to avoid same. And if the master fails to perform this duty…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion of the court.
The appellant was in the employ of the appellee, and while he was drawing up some material from the first to the second story of the building by the direction of the appellee’s foreman, and while he was bending over a revolving shaft or windlass in order to draw up the buckets containing the material, his shirt was caught fast to the revolving shaft and drew him around it, which caused one of his arms to be broken, and other bruises *365upon the body. He instituted this action against the appellee to recover damages for the injury, alleging that it…
2Cases cited2 opinions
- Berger v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1888
- Sullivan's adm'r v. Louisville Bridge Co.Court of Appeals of Kentucky · 1872
3Cited by12 opinions
- Wilson v. Chess & Wymond Co.Court of Appeals of Kentucky · 1904
- Swick v. Ætna Portland Cement Co.Michigan Supreme Court · 1907
- Cincinnati, N. O. & T. P. Co.'s Receiver v. Finnell's Admr.Court of Appeals of Kentucky · 1900
- Louisville & Nashville Railroad v. AdamsCourt of Appeals of Kentucky · 1912
- Central Kentucky Traction Co. v. SmedleyCourt of Appeals of Kentucky · 1912
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