Louisville Gas Co. v. Gutenkuntz
Court of Appeals of Kentucky
Case 70 — NEGLIGENCE APPEAL FROM JEFFERSON CIRCUIT COURT. 1. The preponderance of the proof shows that the employe had turned the gas entirely from the house and cellar. 2. The fifth instruction is error. It makes appellant responsible for all injury that may have been caused by any persons who “tampered” with the key. (Landes on Negligence, 7; Smith’s Leading Cases, volume 1, 484.) 3. The other instructions are misleading and erroneous. (70 Penn.
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Case 70 — NEGLIGENCE APPEAL FROM JEFFERSON CIRCUIT COURT. 1. The preponderance of the proof shows that the employe had turned the gas entirely from the house and cellar. 2. The fifth instruction is error. It makes appellant responsible for all injury that may have been caused by any persons who “tampered” with the key. (Landes on Negligence, 7; Smith’s Leading Cases, volume 1, 484.) 3. The other instructions are misleading and erroneous. (70 Penn. Stat., 89, 86; 8 Harris, 171; 10 Wright, 192; 11 East, 60; Eederal Reporter,. 591; Barry v. Smith, L. R. Com. Pleas, volume 4, 325; Bartlett v.…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
The appellees, Gutenkuntz ancl wife, obtained a judgment in the Jefferson Court of Common Pleas against the Louisville Gas Company for the sum of $ñ, 000 for an injury to the wife, caused by an explosion of gas resulting from the negligence of the agent of the-company. That judgment is the subject of revision in this court.
The appellees were the owners of a house in which they resided, on Market street, in the city of Louisville, and had been using the gas of the company for several years, having gas-pipes leading through most if not all the rooms…
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- Sydnor v. ArnoldCourt of Appeals of Kentucky · 1906
- Nunan v. BennettCourt of Appeals of Kentucky · 1919
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