King v. Creekmore
Court of Appeals of Kentucky
Case IS — Action by John King against W. B. Creekmore for Damages for Personal Injuries. APPEAL FROM WHITLEY CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. QUESTIONS' DISCUSSED AND AUTHORITIES RELIED UPON. 1. A man should use his own property so as not to injure the rights or the property of another.
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Case IS — Action by John King against W. B. Creekmore for Damages for Personal Injuries. APPEAL FROM WHITLEY CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. QUESTIONS' DISCUSSED AND AUTHORITIES RELIED UPON. 1. A man should use his own property so as not to injure the rights or the property of another. Buswell' .on Personal Injuries, sec. 130; Carter v. Town, 98 Mass., 567. 2. A servant of a railroad company as lessee, who is injured by the negligence of such company alone, has no cause -of action against the lessor of said company. Swice’s Admx. v. M. & B. S. R. R. Cio., 25 R.,…
1Opinion of the Court
Opinion op the court by
JUDGE PAYNTER
Affirming.
The appellee, Creekmore, owned a saw mill, and he leased it to Hiram Warren,, who operated it as lessee. The appellant was an employe of Warren in running the mill, and while in the line of his duty the boiler exploded, inflicting serious injury upon him, and to recover damages this action was brought against Creekmore alone. In addition to the above facts, it is averred, in the petition that the boiler was defective, and was known by the defendant to be so, or he, by the exercise of ordinary care, could have known of its dangerous and defective…
2Cases cited7 opinions
- Mulchey v. Methodist Religious SocietyMassachusetts Supreme Judicial Court · 1878
- Losee v. . CluteNew York Court of Appeals · 1873
- Curtin v. SomersetSupreme Court of Pennsylvania · 1891
- Bright v. Barnett & Record Co.Wisconsin Supreme Court · 1894
- Lewis v. TerryCalifornia Supreme Court · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Simons v. GregoryCourt of Appeals of Kentucky · 1905
- Berger v. Standard Oil Co.Court of Appeals of Kentucky · 1907
- Laudeman v. Russell & Co.Indiana Court of Appeals · 1910
- R. C. H. Covington Co. v. Masonic Temple Co.Court of Appeals of Kentucky · 1917
- Guthrie v. CurlinCourt of Appeals of Kentucky (pre-1976) · 1953
6 more not listed; retrieve them via the Exa API.