Legal Opinion

Anderson & Nelson Distilleries Co. v. Hair

Court of Appeals of Kentucky

Decided February 17, 1898PublishedCited by 25 opinions

Case 26 — PETITION ORDINARY Appeal from: jefferson circuit court, law and equity division. 1. The petition does not set out a cause of action; and therefore the motion made in the court below for a “judgment notwithstanding the verdict,” should have been sustained; and this court should reverse the case, aim direct the lower court to enter a judgment for defendant notwithstanding the verdict.

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Case 26 — PETITION ORDINARY Appeal from: jefferson circuit court, law and equity division. 1. The petition does not set out a cause of action; and therefore the motion made in the court below for a “judgment notwithstanding the verdict,” should have been sustained; and this court should reverse the case, aim direct the lower court to enter a judgment for defendant notwithstanding the verdict. The reason the petition does not set out a cause of action is, because it does not state facts showing an invitation from defendant to thd plaintiff to come on the premises, but only shows that the…

1Opinion of the Court

JUDGE WHITE

delivered the opinion oe the court.

In December, 1892, the appellee, Hair, was a United States store keeper, and assigned to duty at the distillery of appellant, in the Fifth internal revenue district of Kentucky. On the evening of the first day of his work at appellant’s distillery, while in the performance of his duties as store keeper, in' going over and inspecting the various -parts of the distilling apparatus, he was in the second story of the building, in what is called the mash room, and came down the stairway to the first floor to inspect the fermenting tubs; he got to the…

2Cited by25 opinions

  1. Mounsey v. EllardMassachusetts Supreme Judicial Court · 1973
  2. Meiers v. Fred Koch BreweryNew York Court of Appeals · 1920
  3. Racine v. . MorrisNew York Court of Appeals · 1911
  4. Bridgford v. Stewart Dry Goods Co.Court of Appeals of Kentucky · 1921
  5. Standard Oil Co. v. TitusCourt of Appeals of Kentucky · 1920

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