Chesapeake & Ohio R. v. Thieman
Court of Appeals of Kentucky
Cask 83 — PETITION OKDIHABY — AFFEAL FROM KENTON CIRCUIT COURT. 1. The petition is defective. There is no allegation of knowledge or opportunity of knowledge upon the part of defendant’s agents in charge of the engine that plaintiff was under the engine, and without this the moving of the engine was not a want of care, notwithstanding the pleader may characterize such act as a negligent act.
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Cask 83 — PETITION OKDIHABY — AFFEAL FROM KENTON CIRCUIT COURT. 1. The petition is defective. There is no allegation of knowledge or opportunity of knowledge upon the part of defendant’s agents in charge of the engine that plaintiff was under the engine, and without this the moving of the engine was not a want of care, notwithstanding the pleader may characterize such act as a negligent act. (L. & P. Oanal Oo. v. Murphy, Adm’r, 9 Bush 527; L. & H. B. Co. v. "Wolf, 80 By., 84.) 2. The defect in the petition was not cured by the plea of contributory negligence in the answer. (Bogenschutz v.…
1Opinion of the Court
JUDGE DEW IS
DELIVERED THE OPINION OE THE COURT.
Appellee states in his petition the cause of action as follows: On January 25, 1891, plaintiff was the servant of defendant, employed for reward as a laborer in and about the Covington yard of the defendant. In his said employment it was plaintiff’s duty to clean out the ash-pans of defendant’s locomotive engines. At said time there was at said place where plaintiff was as aforesaid employed, a locomotive engine of the defendant, known as No. 9, the ash-pan of which needed cleaning, and thereupon the plaintiff -then and there went under said…
2Cases cited4 opinions
- Louisville & Portland Canal Co. v. MurphyCourt of Appeals of Kentucky · 1872
- Bogenschutz v. SmithCourt of Appeals of Kentucky · 1886
- Drake's Adm'r v. SemoninCourt of Appeals of Kentucky · 1884
- Riggs v. Maltby & Co.Court of Appeals of Kentucky · 1859
3Cited by11 opinions
- Hill v. RaglandCourt of Appeals of Kentucky · 1902
- Catlin v. JonesOregon Supreme Court · 1906
- National Council Junior Order United American Mechanics of the United States v. ThomasCourt of Appeals of Kentucky · 1915
- Louisville N. R. Co. v. HallCourt of Appeals of Kentucky (pre-1976) · 1938
- Brooks v. City of MaysvilleCourt of Appeals of Kentucky · 1913
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