Ray v. Jeffries
Court of Appeals of Kentucky
Case 52—PETITION ORDINARY APPEAL FROM HARDIN CIRCUIT COURT. 1. Master is responsible to servant for injuries to servant caused by the use of dangerous machinery or materials when the servant is not informed of its dangerous nature. Ignorance on part of master will not excuse, and master is bound to inform his servant of the dangers incident to Ms employment. (Wood on Master and Servant, sees. 348, 356; Cooley on Torts, 555; Smith v. Oxford Iron Co., 36 AM.
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Case 52—PETITION ORDINARY APPEAL FROM HARDIN CIRCUIT COURT. 1. Master is responsible to servant for injuries to servant caused by the use of dangerous machinery or materials when the servant is not informed of its dangerous nature. Ignorance on part of master will not excuse, and master is bound to inform his servant of the dangers incident to Ms employment. (Wood on Master and Servant, sees. 348, 356; Cooley on Torts, 555; Smith v. Oxford Iron Co., 36 AM. Rep., 535; Parkhurst v. Johnson, 45 Am. Rep., 28; Spelman v. Pisher Iron Co., 56 Barb., 151.) 2. A new trial should be granted where the…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OP THE COURT.
Appellant brought this action to recover for an injury to Ms person wliile in the employ of appellee mining, but though the verdict of the jury was in his favor, they fixed the damages at only one cent.
Although it is provided in section 341, Civil Code, *369that “a new trial shall not be granted on account of the smallness of damages in an action for an injury to the person or reputation, nor in any other action in which the damages equal the actual pecuniary injury .sustained,” yet it has been held by this court (Taylor v. Howser, 12 Bush, 465) that…
2Cases cited1 opinion
- Taylor v. HowserCourt of Appeals of Kentucky · 1876
3Cited by13 opinions
- Drury v. FrankeCourt of Appeals of Kentucky (pre-1976) · 1933
- Fulmele v. ForrestSuperior Court of Delaware · 1913
- Netter's Admr. v. Louisville Ry. Co.Court of Appeals of Kentucky · 1909
- Shipley v. Virginian Ry. Co.West Virginia Supreme Court · 1920
- Ashland Coca Cola Bottling Co. v. BradyCourt of Appeals of Kentucky (pre-1976) · 1933
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