Willis v. Maysville & B. S. R. R.
Court of Appeals of Kentucky
Care 123 — Action by Otto Wiij.ik Against the Maysville & B. S. R. R. Co., &o., for Damages fob Personal Injuries. APPEAL FROM GREENUP CIRCUIT COURT — JAMBS P. HARBBSON, CIRCUIT JUDGE. Judgment for Defendant.
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Care 123 — Action by Otto Wiij.ik Against the Maysville & B. S. R. R. Co., &o., for Damages fob Personal Injuries. APPEAL FROM GREENUP CIRCUIT COURT — JAMBS P. HARBBSON, CIRCUIT JUDGE. Judgment for Defendant. Plaintiff Appeals. 1. We contend that under the allegations of the petition, “that defendant’s servants and agents carelessly, negligently ¡and wantonly, while .acting within the scope of their authority, struck appellant with a lump of ice thereby seriously injuring him,” that if the court could not say as1 a matter of law that the act of defendant’s agent in removing the ice which…
1Opinion of the Court
Opinion of the court by
JUDGE PAYNTER
Reversing.
Ottis Willis, a boy thirteen years of age, was standing on a street in the- town of Greenup, near the track of the appellee where it crosses the street, and while so standing one of appellee’s freight train passed over the track, and as the rear of the caboose reached the point opposite where Willis stood a brakeman on the train kicked a cake of ice weighing about twenty pounds from the platform of the caboose, which struck the boy near the heart, from the effects of which it is claimed he sustained a serious injury and endured, much pain. The hoy…
2Cited by2 opinions
- Willis v. Maysville & B. S. R. R.Court of Appeals of Kentucky · 1906
- Louisville & Nashville Railroad v. PetreyCourt of Appeals of Kentucky · 1915