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Legal Opinion

Clement Brothers Company v. Everett

Court of Appeals of Kentucky (pre-1976)

Decided March 17, 1967PublishedCited by 5 opinions

1Opinion of the Court

CULLEN, Commissioner.

Clement Brothers Company, Inc., appeals from a judgment upon a jury verdict awarding the appellees, Hallie B. Everett and her husband Karl, $5,000 for damages to their dwelling by concussions or vibrations from blasting operations carried on by the appellant.

It is contended that there was insufficient evidence of negligence or of proximate cause, and that the instructions were erroneous as related to negligence. Liability in this kind of case does not rest on negligence. Lynn Mining Co. v. Kelly, Ky., 394 S.W.2d 755. Therefore it was unnecessary to prove negligence, and…

2Cases cited9 opinions

  1. Commonwealth, Department of Highways v. TyreeCourt of Appeals of Kentucky (pre-1976) · 1963
  2. Lynn Mining Co. v. KellyCourt of Appeals of Kentucky (pre-1976) · 1965
  3. Gunterman v. CleaverCourt of Appeals of Kentucky · 1924
  4. Southern-Harlan Coal Company v. GallaierCourt of Appeals of Kentucky (pre-1976) · 1931
  5. Walden v. JonesCourt of Appeals of Kentucky (pre-1976) · 1942

4 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Rockwell International Corp. v. WilhiteCourt of Appeals of Kentucky · 2003
  2. Island Creek Coal Co. v. RodgersCourt of Appeals of Kentucky · 1982
  3. Pauly v. ChangCourt of Appeals of Kentucky · 2015
  4. Baston v. County of Kenton Ex Rel. Kenton County Airport BoardKentucky Supreme Court · 2010
  5. Wolf Creek Collieries Company v. DavisCourt of Appeals of Kentucky (pre-1976) · 1969

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