Nelson-Bethel Clothing Co. v. Pitts
Court of Appeals of Kentucky
CASE 7. — ACTION BY EDNA MAY PITTS AGAINST THE NELSON-BETHEL CLOTHING COMPANY FOR DAMAGES FOR PERSONAL INJURIES Appeal from Jefferson Circuit Court (Common Pleas BrancJi, Second Division). Thos. R. Gordon, Judge. Judgment for plaintiff. Defendant appeals. POINTS AND AUTHORITIES. 1. The rule as to assurance of safety is subject to the rule as to proximate cause. The particular danger or defect as to which the assurance is given must be the pproximate cause of the injury.
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CASE 7. — ACTION BY EDNA MAY PITTS AGAINST THE NELSON-BETHEL CLOTHING COMPANY FOR DAMAGES FOR PERSONAL INJURIES Appeal from Jefferson Circuit Court (Common Pleas BrancJi, Second Division). Thos. R. Gordon, Judge. Judgment for plaintiff. Defendant appeals. POINTS AND AUTHORITIES. 1. The rule as to assurance of safety is subject to the rule as to proximate cause. The particular danger or defect as to which the assurance is given must be the pproximate cause of the injury. (Shemwell v. O. <& N. R. R. Co., 117 Ky. 556; Burlington R. R. Co. v. Liebe, 17 Cal. 280; International, &c., Ry., v.…
1Opinion of the Court
Opinion of the Court by
Judge Hobson
Eeversing.
Tine Nelson-Bethel Clothing Company is a manufacturer of pants in Louisville. Edna May Pitts was in its service as the operator of a sewing machine.' There were some 40 or 50 sewing machines in two rows, the ordinary Singer sewing machines, except that, instead of being operated by a pedal, the belt was passed over a wheel setting upon a shaft which ran under all of the sewing machines, and was turned by an electric motor. The belts operating the sewing machines were the usual sewing machine belts consisting of a round leather thong fastened…
2Cases cited3 opinions
- Shemwell v. Owensboro & N. R. R.Court of Appeals of Kentucky · 1904
- Kelly v. Barber Asphalt Co.Court of Appeals of Kentucky · 1892
- Daniels v. New England Cotton Yarn Co.Massachusetts Supreme Judicial Court · 1905
3Cited by5 opinions
- St. Louis S. F. R. Co. v. MayneSupreme Court of Oklahoma · 1912
- Dettering v. LevyCourt of Appeals of Maryland · 1911
- Inland Steel Co. v. KiesslingIndiana Supreme Court · 1910
- Poynter v. Alfred Struck Co.Court of Appeals of Kentucky · 1916
- Cohen v. StevensonSupreme Court of Connecticut · 1920