Jahn's Admr. v. Wm. H. McKnight & Co.
Court of Appeals of Kentucky
Case 77 — Action bt Albert Jahn’s Admr. against William H. McKnight & Co. for Causing the Death of Plaintiff’s Intestate. APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. Judgment foe Defendants and Plaintiff Appeals.
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Case 77 — Action bt Albert Jahn’s Admr. against William H. McKnight & Co. for Causing the Death of Plaintiff’s Intestate. APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. Judgment foe Defendants and Plaintiff Appeals. POINTS. 1. The team owner was not an independent contractor. 2. Whatever may have been the relation between the appellee and the team owner, the relation between appellee and the team driver was such as to render appellee liable for the team driver’s negligence, 3. In any event, the lower court erred in giving a peremptory instruction to find for appellee.…
1Opinion of the Court
*658Opinion of the court by
CHIEF JUSTICE BURNAM
Affirming.
■Albert Jahn, a messenger boy for the Western Union Telegraph Company, 15 years old, while riding his bicycle on Main street, between Third and Fourth, in Louisville, Ky., was struck and instantly killed by a delivery wagon drawn by a runaway horse that had become frightened at a passing drove of hogs during the absence of his driver, who had gone inside of a store for the purpose of delivering certain packages, leaving the horse unhitched and unattended. The petition alleges that the horse and wagon which caused the death of plaintiff’s…
2Cases cited3 opinions
- Driscoll v. TowleMassachusetts Supreme Judicial Court · 1902
- Adams Express Co. v. SchofieldCourt of Appeals of Kentucky · 1901
- Robinson v. WebbCourt of Appeals of Kentucky · 1875
3Cited by23 opinions
- Bowen v. Gradison Construction CompanyCourt of Appeals of Kentucky (pre-1976) · 1930
- Ballard & Ballard Co. v. Lee's Admr.Court of Appeals of Kentucky · 1909
- Luckie v. Diamond Coal Co.California Court of Appeal · 1919
- Williams v. National Cash Register Co.Court of Appeals of Kentucky · 1914
- Tyler v. MacFadden Newspapers Corp.Superior Court of Pennsylvania · 1932
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