Fort Hill Stone Co. v. Orm's Adm'r
Court of Appeals of Kentucky
Case 25 — PETITION OEDINAKY APPEAL FROM HARDIN CIRCUIT COURT. 1. The master is not liable for an injury to a servant resulting from the neglect of a co-servant, the one servant not being superior or subordinate to the other. The statute which gives a right of action for the loss of life resulting from the willful neglect of another, his ‘ ‘ agents or servants,” was not intended to change this rule.
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Case 25 — PETITION OEDINAKY APPEAL FROM HARDIN CIRCUIT COURT. 1. The master is not liable for an injury to a servant resulting from the neglect of a co-servant, the one servant not being superior or subordinate to the other. The statute which gives a right of action for the loss of life resulting from the willful neglect of another, his ‘ ‘ agents or servants,” was not intended to change this rule. Any thing to the contrary in the case of L. & N. R. R. Oo. v. Brooks’ Adm’r, 7 Ky. Law Rep., is a dictum, which the court is asked to reconsider. (Cooley on Torts. 541-45; Wood on Master and…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OP THE COURT.
Appellee brought this action to recover for the destruction of the life of his intestate, by the alleged willful neglect of appellant’s'servants or agents, the intestate himself being one of them.
It appears from the evidence that appellant was the owner of a stone quarry on the side of a hill, at the foot of which, about seventy-five yards from the quarry, was located the machinery for crushing the stone, which was transported thence by railroad to market.
Upon the same terrace where the stone was quarried was a track upon which cars or trucks…
2Cases cited1 opinion
- Louisville, Cincinnati & Lexington R. R. v. Cavens's administratorCourt of Appeals of Kentucky · 1873
3Cited by6 opinions
- S. F. Dana & Co. v. BlackburnCourt of Appeals of Kentucky · 1906
- Volz v. Chesapeake, R.Court of Appeals of Kentucky · 1893
- Doyle v. Swift's Iron & Steel WorksCourt of Appeals of Kentucky · 1883
- Edmonson v. Kentucky Central Railway Co.Court of Appeals of Kentucky · 1899
- Louisville & Nashville Railroad v. McIntoshCourt of Appeals of Kentucky · 1919
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