Lasch v. Stratton
Court of Appeals of Kentucky
Case 98 — Petition Ordinary 1. Scienter can be shown by past behavior and reported history. Findley v. Bauer, 37 Cent. Law Jour., 452. 2. Peremptory instruction is improper unless both the facts and all the inferences clearly show tha.t there is no liability. Peltier v. R. R., 16 Ky. Law Rept., 500; Wright v. R. R., 14 Ky. Law Rept., 788; Romwell v. Dilworth, 2 All.
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Case 98 — Petition Ordinary 1. Scienter can be shown by past behavior and reported history. Findley v. Bauer, 37 Cent. Law Jour., 452. 2. Peremptory instruction is improper unless both the facts and all the inferences clearly show tha.t there is no liability. Peltier v. R. R., 16 Ky. Law Rept., 500; Wright v. R. R., 14 Ky. Law Rept., 788; Romwell v. Dilworth, 2 All. Rept., 356. 3. Where the servant bows his judgment to the opinion of the master, or complains and is induced to remain in the employ, he does not assume the rislt. Brice v. L. & N. R. R., 10 Ky. Law Rept., 526; L. & N. R. R. v.…
1Opinion of the Court
JUDGE GUFFY
delivered the opinion of the court.
This action was instituted in the Jefferson Circuit Court by the appellant against the appellees, seeking to recover judgment tor damages sustained by him while in the employ of the appellees. The petition reads as follows:
“The plaintiff, Fred Lasch, who sues here by Mary A. Lasch, his next friend, for petition states that he is now, and was at the time hereinafter mentioned, an infant, under the age of twenty-one years and a citizen and resident of Louisville, Jefferson county, Ky.; that heretofore, to-wit, August 10,-1893, for compensation then…
2Cases cited4 opinions
- Dolner v. The MonticelloU.S. Circuit Court for the District of Massachusetts · 1870
- H.M. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
- Laning v. New York Central RailroadNew York Court of Appeals · 1872
- Quaid v. Cornwall & Bro.Court of Appeals of Kentucky · 1878
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- Cincinnati, New Orleans & Texas Pacific Railway Co. v. EstesCourt of Appeals of Kentucky · 1920
- Lack Singletree Co. v. CherryCourt of Appeals of Kentucky · 1915