East Tennessee Telephone Co. v. Simm's Administrator
Court of Appeals of Kentucky
Case 66 — PETITION ORDINARY APPEAL FROM HARRISON CIRCUIT COITRT. 1. Where there is an unde-nied allegation of notice of danger and that the deceased knew of it and put himself in the way of said danger no damages can be recovered.
Read the full summary
Case 66 — PETITION ORDINARY APPEAL FROM HARRISON CIRCUIT COITRT. 1. Where there is an unde-nied allegation of notice of danger and that the deceased knew of it and put himself in the way of said danger no damages can be recovered. (Derby 'Adm’r v. K. C. R. R. 9 L. R., 154.) 2. An act of a servant or agent, though evidencing negligence can not amount to willful negligence by co-operating with another negligent act of another servant of the same'master, which latter act was unknown to the agent or servant at the time the negligent act complained of was done. (K. C. R. R. v. Sommer’s adm’r, 7 L.…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion oe tiie coubt.
The appellee, as administrator of Richard Simms, recovered judgment against the appellantfor $7,000 in damages for the death of his intestate, which was caused, it is alleged, by the willful and gross negligence of the appellant and the electric light company. Briefly stated, the facts are that in 1887 the appellant, then operating a telephone system at Cynthiana, put up a wire from its central office in that city to the residence of W. T. Handy, about one mile out. On December 13, 1892, this wire was still in use by Handy, or in condition…
2Cases cited3 opinions
- Louisville & Nashville Railroad v. Ellis' Admr.Court of Appeals of Kentucky · 1895
- Wright v. Woods' Adm'rCourt of Appeals of Kentucky · 1894
- Cincinnati v. Privitt's Adm'rCourt of Appeals of Kentucky · 1891
3Cited by7 opinions
- Southern Surety Co. v. Nalle & Co.Texas Commission of Appeals · 1922
- Stone v. Van Noy Railroad News Co.Court of Appeals of Kentucky · 1913
- Louisville & Nashville R. R. v. Kelly's AdministratrixCourt of Appeals of Kentucky · 1897
- De Valle Da Costa v. Southern Pac. Co.U.S. Circuit Court for the District of Massachusetts · 1909
- Louisville & Nashville Railway Co. v. CopleyCourt of Appeals of Kentucky · 1917
2 more not listed; retrieve them via the Exa API.