Mellott v. Louisville &Nashville Railroad
Court of Appeals of Kentucky
Case 35 — PETITION 1. The appellant never assisted in the operation of the turntable until the day before he was injured, and was not aware of the danger in its operation: under such circumstances it was the duty of the foreman, under whose orders he was acting, to warn him of the danger and protect him from it.
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Case 35 — PETITION 1. The appellant never assisted in the operation of the turntable until the day before he was injured, and was not aware of the danger in its operation: under such circumstances it was the duty of the foreman, under whose orders he was acting, to warn him of the danger and protect him from it. Cooley on Torts, p. 632: R. R. Co. v. Darby, 14 How., 487; R. R. Co. v. Dickson, 88 111., 431. 2. The appellant was not guilty of contributory negligence-. In order that an act shall he deemed negligence- per se it must appear so opposed to the dictates of common prudence that the…
1Opinion of the Court
JUDGE DtjRELLE
delivered the opinion of the court.
Appellant, while a carpenter engaged in the service of appellee, was injured in 'his knee, and brought suit against appellee for damages for the injury, which he alleged to have been caused by a defective turntable.
The turntable at one end wa>s fixed as on a pivot, and the other end, which was mounted on a truck, could be moved along a curved rail, describing the quadrant of a circle and connecting with ten tracks which diverged from the quadrant. The table was in a pit about two feet deep, surrounded *214by a stone wall. At each end of the…
2Cases cited1 opinion
- Bogenschutz v. SmithCourt of Appeals of Kentucky · 1886
3Cited by5 opinions
- Wilson v. Chess & Wymond Co.Court of Appeals of Kentucky · 1904
- Shemwell v. Owensboro & N. R. R.Court of Appeals of Kentucky · 1904
- Kentucky Freestone Co. v. McGeeCourt of Appeals of Kentucky · 1904
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. MageeCourt of Appeals of Kentucky · 1924
- Shapinsky & Co. v. SappCourt of Appeals of Kentucky · 1913