Legal Opinion

Henderson Tobacco Extracts Works v. Wheeler

Court of Appeals of Kentucky

Decided September 29, 1903PublishedCited by 3 opinions

Case 27 — Action bt Melton Wheeler against Henderson Tobacco Extracts Works for Personal Injuries. APPEAL FROM HENDERSON CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals: QUESTIONS AND AUTHORITIES. 1. The master is not an insurer of the servant (against accidents. Shearman & Redfield, Neg., 203; 24 Ky. Law Rep., 1318. ■2, The master's duty is to provide reasonably safe machinery with reasonably safe approach to reasonably safe place to work.

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Case 27 — Action bt Melton Wheeler against Henderson Tobacco Extracts Works for Personal Injuries. APPEAL FROM HENDERSON CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals: QUESTIONS AND AUTHORITIES. 1. The master is not an insurer of the servant (against accidents. Shearman & Redfield, Neg., 203; 24 Ky. Law Rep., 1318. ■2, The master's duty is to provide reasonably safe machinery with reasonably safe approach to reasonably safe place to work. Shearman & Redfield, Neg., 194; 24 Ky. Law Rep., 1318. 3. The servant's duty is to use reasonable care'in going to and doing his work; to use…

1Opinion of the Court

Opinion of the court bst

CHIEF JUSTICE BURNAM

Affirming.

The appellee, Melton Wheeler, instituted this action against the appellant, the Henderson Tobacco Extracts Works, to recover damages for a personal injury sustained by him whilst in their employ, which he alleges was due to negligence on their part. The record discloses that appellant is a corporation which has been engaged in the manufacture of an extract from tobacco, which is principally used as a sheep wash. The machine used for this purpose consisted of a stationary iron cylinder, which was set upon a solid brick fóundation two feet…

2Cases cited1 opinion

  1. Ashland Coal & Iron Railway Co. v. WallaceCourt of Appeals of Kentucky · 1897

3Cited by3 opinions

  1. Fullenwider v. BrawnerCourt of Appeals of Kentucky (pre-1976) · 1928
  2. Jones v. Sharp's Adm'rCourt of Appeals of Kentucky (pre-1976) · 1940
  3. Fullenwider v. BrawnerCourt of Appeals of Kentucky · 1928

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