Mason, Hanger & Coleman Co. v. Kennison
Court of Appeals of Kentucky
CASE 106 — ACTION BY SHERWOOD KENNISON AGAINST THE MASON, HANGER & COLEMAN COMPANY. Appeal from Pulaski Circuit Court. Judgment for plaintiff, defendant appeals. — POINTS AND AUTHORITIES. 1. The petition analyzed, R. ©ages 2 and 3. 2. Plaintiff can not recover in this case for ordinary neglect. 3. At most, the defendant’s foreman, Davis, was only reguired to use ordinary care in inspection; bu't, 4. Inspection was not a duty delegated to the foreman by the master in this…
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CASE 106 — ACTION BY SHERWOOD KENNISON AGAINST THE MASON, HANGER & COLEMAN COMPANY. Appeal from Pulaski Circuit Court. Judgment for plaintiff, defendant appeals. — POINTS AND AUTHORITIES. 1. The petition analyzed, R. ©ages 2 and 3. 2. Plaintiff can not recover in this case for ordinary neglect. 3. At most, the defendant’s foreman, Davis, was only reguired to use ordinary care in inspection; bu't, 4. Inspection was not a duty delegated to the foreman by the master in this case. 5. The court in this case relieved the plaintiff from any and all knowledge he may have had of the dangerous…
1Opinion of the Court
Opinion op the Court by
Judge Barker
— Affirming.
The appellee (plaintiff), Sherwood Kennison, at the time the cause of action stated in his petition arose, was in the employ of the appellant, Mason, Hanger & Coleman Company, a West Virginia corporation. The appellant was engaged in the execuilon of a contract to widen tunnel No. 10 on the line of the Cincinnati, New Orleans & Texas Pacific Railway Company in Pulaski county, Ky. Appellee was an ordinary laborer working in a gang of men under the direction and control of J. W. Davis, appellant’s foreman. At the time of the accident complained of,…
2Cases cited2 opinions
- Pfisterer v. J. H. Peter & Co.Court of Appeals of Kentucky · 1904
- Kentucky Freestone Co. v. McGeeCourt of Appeals of Kentucky · 1904
3Cited by9 opinions
- Williams Coal Co. v. CooperCourt of Appeals of Kentucky · 1910
- Kenmont Coal Co. v. PattonCourt of Appeals for the Sixth Circuit · 1920
- Hazard Coal Co. v. WallaceCourt of Appeals of Kentucky · 1918
- Kentucky Refining Co. v. SchutzCourt of Appeals of Kentucky · 1912
- Olive Hill Fire Brick Co. v. StoneCourt of Appeals of Kentucky · 1913
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