Louisville & Nashville Railroad v. Berry's Administratrix
Court of Appeals of Kentucky
Case 100 — PETITION ORDINARY — APPEAL PROM OLDHAM CIRCUIT COURT. 1. A peremptory instruction should have been given. When the employe knows all about the material furnished, and being fully aware of its defective and unsafe condition, voluntarily . uses it, and thereby sustains an injury, he is without remedy; and if the knowledge or the ignorance of the master and that of the servant in respect of the character of the machine are equal, so that both are either without fault…
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Case 100 — PETITION ORDINARY — APPEAL PROM OLDHAM CIRCUIT COURT. 1. A peremptory instruction should have been given. When the employe knows all about the material furnished, and being fully aware of its defective and unsafe condition, voluntarily . uses it, and thereby sustains an injury, he is without remedy; and if the knowledge or the ignorance of the master and that of the servant in respect of the character of the machine are equal, so that both are either without fault or in equal fault, the servant can not recover ■damages of the master. (Sullivan v. Louisville Bridge Co., 9 Bush, 81;…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OE THE COURT.
This action was brought by appellee to recover for destruction of the life of her husband, C. C. Berry, by alleged willful negligence of the foreman of a gang of bridge builders, he being one of them, in service of appellant, which occurred under these circumstances: It became necessary to replace, upon a trestle across Beargrass creek, a stick of green timber, about twenty-eight feet long, eight inches thick and sixteen inches wide, to be used as a chord or stringer that had the day before fallen therefrom to the ground, about fifteen feet, to…
2Cited by8 opinions
- Watson's Exr. v. WatsonCourt of Appeals of Kentucky · 1909
- Cudahy Packing Co. v. SkoumalCourt of Appeals for the Eighth Circuit · 1903
- A. Arnold & Son Transfer & Storage Co. v. WeisigerCourt of Appeals of Kentucky (pre-1976) · 1928
- State v. LingSupreme Court of Iowa · 1924
- Williams v. WatsonCourt of Appeals of Kentucky · 1925
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