Ballard & Ballard Co. v. Lee's Admr.
Court of Appeals of Kentucky
CASE 45. — ACTION BY HENRY LEE’S ADMINISTRATOR AGAINST THE BALLARD & BALLARD COMPANY FOR NEGLIGENTLY CAUSING THE DEATH OF l^AINTIFF’S INTESTATE. Appeal from Jefferson Circuit Court; Common Pleas Branch (Third Division). Matt 0 ’Doherty, Judge. Judgment for plaintiff, defendant- appeals The roof of the boiler-shed was of the ordinary construction. The method of its construction was known to Leatherman and his employes. They were professional wreckers.
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CASE 45. — ACTION BY HENRY LEE’S ADMINISTRATOR AGAINST THE BALLARD & BALLARD COMPANY FOR NEGLIGENTLY CAUSING THE DEATH OF l^AINTIFF’S INTESTATE. Appeal from Jefferson Circuit Court; Common Pleas Branch (Third Division). Matt 0 ’Doherty, Judge. Judgment for plaintiff, defendant- appeals The roof of the boiler-shed was of the ordinary construction. The method of its construction was known to Leatherman and his employes. They were professional wreckers. The work was in itself hazardous. If the workmen were the servants of the Ballard & Ballard Company, they assumed the ordinary risks of the…
1Opinion of the Court
Opinion op the Court by
Judge Carroll
Reversing.
Ballard & Ballard Company owned and operated a flouring, mill in the city of Lonisville. The company wished to enlarge one of its buildings, and to do this it became necessary to remove the roof, and do other work about the building. They employed Henry Wolters, an architect, to make the plans and speei*415fixations for the improvement, and also authorized him to employ a contractor to do the required work. Wolters engaged a contractor named Leatherman, who was largely engaged in the business of wrecking buildings and excavating foundations. Under the…
2Cases cited7 opinions
- Hexamer v. . WebbNew York Court of Appeals · 1886
- Wilson v. Chess & Wymond Co.Court of Appeals of Kentucky · 1904
- Morgan v. SmithMassachusetts Supreme Judicial Court · 1893
- Jahn's Admr. v. Wm. H. McKnight & Co.Court of Appeals of Kentucky · 1904
- Robinson v. WebbCourt of Appeals of Kentucky · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Newspapers, Inc. v. LoveTexas Supreme Court · 1964
- American Savings Life Insurance v. RiplingerCourt of Appeals of Kentucky (pre-1976) · 1933
- Williams Coal Co. v. CooperCourt of Appeals of Kentucky · 1910
- City of Owensboro v. GabbertCourt of Appeals of Kentucky · 1909
- Diamond Block Coal Company v. SparksCourt of Appeals of Kentucky (pre-1976) · 1925
39 more not listed; retrieve them via the Exa API.