Heindirk v. Louisville Elevator Co.
Court of Appeals of Kentucky
CASE 76. — ACTION BY BEN HEINDIRK AGAINST THE LOUISVILLE ELEVATOR CO., FOR DAMAGES FOR . PERSONAL IN JURIES. April 24. Appeal from, Jefferson Circuit Court. (C. P. Branch 2d Div.) Thomas R. G-ordoN, Judge. From a judgment dismissing his petition the plaintiff appeals.
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CASE 76. — ACTION BY BEN HEINDIRK AGAINST THE LOUISVILLE ELEVATOR CO., FOR DAMAGES FOR . PERSONAL IN JURIES. April 24. Appeal from, Jefferson Circuit Court. (C. P. Branch 2d Div.) Thomas R. G-ordoN, Judge. From a judgment dismissing his petition the plaintiff appeals. POINTS AND AUTHORITIES. 1. The manufacturer’s liability to a servant1' of his vendee, for injuries resulting from the negligent and defective construction of an article, arises out of the duty the law imposes upon every one to avoid acts in their nature dangerous to the lives of others, and not upon the ground of privity of.…
1Opinion of the Court
OPINION op the Court by
Chief Justice Hobson—
Affirming.
Appellant, Ben Heindirk, filed bis petition in tbe circuit court to recover damages for personal injuries sustained by him. Appellee, tbe Louisville Elevator Company, filed a general demurrer to tbe petition, wbicb was sustained by tbe circuit court, and, be failing to plead further, tbe action as to it was dismissed, and be appeals.
He alleged in bis petition, in substance, tbat be was in tbe employment of tbe Howe Manufacturing Company; tbat in tbe course of bis employment be was required to operate a machine, consisting of a ball and…
2Cases cited12 opinions
- Devlin v. . SmithNew York Court of Appeals · 1882
- Huset v. J. I. Case Threshing Mach. Co.Court of Appeals for the Eighth Circuit · 1903
- Wellington v. Downer Kerosene Oil Co.Massachusetts Supreme Judicial Court · 1870
- Schubert v. J. R. Clark Co.Supreme Court of Minnesota · 1892
- Bishop v. WeberMassachusetts Supreme Judicial Court · 1885
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3Cited by9 opinions
- Olds Motor Works v. ShafferCourt of Appeals of Kentucky · 1911
- Peaslee-Gaulbert Co. v. McMath's Admr.Court of Appeals of Kentucky · 1912
- Graham v. John R. Watts & SonCourt of Appeals of Kentucky (pre-1976) · 1931
- Berger v. Standard Oil Co.Court of Appeals of Kentucky · 1907
- Thomas v. LaneMassachusetts Supreme Judicial Court · 1915
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