Legal Opinion

Lackat v. Lutz

Court of Appeals of Kentucky

Decided April 29, 1893PublishedCited by 18 opinions

Case 45 — PETITION;-] ORDINARY — No brief in record. The non-suit was correct. There was no contract, and no public or private duty, on the part of defendant that the premises should be in any other condition than that in which they were; and the injury was not the natural or proximate result of any act or orhission of defendant. (Cuff v. N. & N. Y. R. Co., 9 Am. Law Reg.

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Case 45 — PETITION;-] ORDINARY — No brief in record. The non-suit was correct. There was no contract, and no public or private duty, on the part of defendant that the premises should be in any other condition than that in which they were; and the injury was not the natural or proximate result of any act or orhission of defendant. (Cuff v. N. & N. Y. R. Co., 9 Am. Law Reg. (U. S.), 654; Wilkinson v. Eairrie, 1 Hur. & C\, 633, 32 L. J. Ex., 73; Kolm v. Lovett, 44 Ga., 251; Wharton on Negligence, 823; Lou. & Port. Canal Co. v. Murphy, 9 Bush, 522; Paducah, &c., R. Co. v. Hoehl, 12 Bush, 41;…

1Opinion of the Court

JUDGE LEWIS

delivered the opinion op the court.

A general deriiurrer to the petition having been sustained, the plaintiff in this case, who is an infant, suing by his next friend, has appealed.

The cause of action is stated substantially thus: That on the — day of August, 1890, one Stoker, who was foreman or superintendent of defendant Lutz, requested plaintiff Lackat to go to defendant’s place of business and inform him that his, Stoker’s, child was dead, and he would not come' to Work that day. *288That while on his way to the building owned by defendant for the purpose of delivering said message,…

2Cited by18 opinions

  1. Indian Refining Co. v. MobleyCourt of Appeals of Kentucky · 1909
  2. Humbert v. Audubon Country ClubCourt of Appeals of Kentucky (pre-1976) · 1958
  3. Jacobson v. Northwestern Pacific RailroadCalifornia Supreme Court · 1917
  4. Price v. T. P. Taylor Co., Inc.Court of Appeals of Kentucky (pre-1976) · 1946
  5. Gotch v. K. & B. Packing & Provision Co.Supreme Court of Colorado · 1933

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