McHenry Coal Co. v. Sneddon
Court of Appeals of Kentucky
Case 110 — PETITION ORDINARY — APPEAL FROM OHIO CIRCUIT COURT. 1. The peremptory instruction should have been given. The injury resulted from ordinary risks attendant upon employment of plaintiff. (Master and Servant, Am. and Eng. Enc. of Law; 9 Bush, 90; Turntable Cases, 17 Wall; Am. Dig., 1894, 4484.) 2. The injury was caused by the neglect of plaintiff contributing thereto, and therefore there can he no recovery.
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Case 110 — PETITION ORDINARY — APPEAL FROM OHIO CIRCUIT COURT. 1. The peremptory instruction should have been given. The injury resulted from ordinary risks attendant upon employment of plaintiff. (Master and Servant, Am. and Eng. Enc. of Law; 9 Bush, 90; Turntable Cases, 17 Wall; Am. Dig., 1894, 4484.) 2. The injury was caused by the neglect of plaintiff contributing thereto, and therefore there can he no recovery. (Bogen-schutz v. Smith, 84 Ky., 336, 338; Kelly v. Barber Asphalt Co., 93 Ky., 364; Sullivan Case, 9 Bush, 90; Baird v. Deering, 13 Ky. Law Rep., 271.) 3. There can he no recovery…
1Opinion of the Court
CHIEF-JUSTICE PRYOR
delivered the opinion oe the court.
The appellee Sneddon was an employe in the McHenry Coal Mine Co., and while engaged in hauling coal in the mines was injured by the team he was driving colliding with a team driven by another employe.
We will not allude to the testimony further than to say the case went properly to the jury upon the question as to gross negligence on the part of the superintendent of the mines, and that of contributory neglect on the part of the appel-lee. The trial of such issues belong to the jury, and as the case must go back we refrain from discussing…
2Cited by19 opinions
- Southern Ry. v. GoddardCourt of Appeals of Kentucky · 1905
- Moore v. HartCourt of Appeals of Kentucky · 1916
- Louisville & Nashville R. R. v. WilkinsCourt of Appeals of Kentucky · 1911
- Pullman Co. v. PulliamCourt of Appeals of Kentucky · 1920
- Standard Sanitary Manufacturing Co. v. Brian's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1928
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