Swann-Day Lumber Co. v. Thomas
Court of Appeals of Kentucky
■CASE 94. — PERSONAL INJURY ACTION BY JESSE THOMAS AGAINST THE SWANN-DAY LUMBER COMPANY.— October 16. Appeal from Lee Circuit Court. Robert Riddell, Circuit Judge. Judgment for plaintiff. Defendant appeals. — POINTS AND AUTHORITIES. 1. The giving of instruction marked No. 3 was erroneous because- (a) Based upon no issue presented by the pleading. (Ray v. Sellers, 62 Ky., (1 Duv.) 254; Farmers’ Bank v. Wilkerson, 1 Ky. Law Rep., 351; L. & N. v. Brussells, 66 S. W., 22, 23 Ky.
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■CASE 94. — PERSONAL INJURY ACTION BY JESSE THOMAS AGAINST THE SWANN-DAY LUMBER COMPANY.— October 16. Appeal from Lee Circuit Court. Robert Riddell, Circuit Judge. Judgment for plaintiff. Defendant appeals. — POINTS AND AUTHORITIES. 1. The giving of instruction marked No. 3 was erroneous because- (a) Based upon no issue presented by the pleading. (Ray v. Sellers, 62 Ky., (1 Duv.) 254; Farmers’ Bank v. Wilkerson, 1 Ky. Law Rep., 351; L. & N. v. Brussells, 66 S. W., 22, 23 Ky. Law Rep., 489.) (b) This instruction does not correctly state the duty of the master to furnish reasonably safe…
1Opinion of the Court
Opinion op the Court by
Judge Lassing —
Affirming.
Appellee, Jesse Thomas, was employed by the appellant company as- a laborer in its sawmill at Beattyville, Ky. His duties were to oil and look after the machinery, which included not only the machinery used in the mill building proper, but also the chains and other appliances which were used in drawing the logs from the water up into the mill. On the 9th of August, 1905, when just outside of the door of the mill, where he had gone to look after certain machinery, appellee was struck on the head by a stave thrown from a second-story window of the…
2Cases cited8 opinions
- Louisville & Nashville Railroad v. Brantley's Adm'rCourt of Appeals of Kentucky · 1894
- Louisville & Nashville R. R. v. FoardCourt of Appeals of Kentucky · 1898
- Louisville, Cincinnati & Lexington R. R. v. Cavens's administratorCourt of Appeals of Kentucky · 1873
- Louisville & N. R. R. v. HarrodCourt of Appeals of Kentucky · 1903
- Galbraith v. StarksCourt of Appeals of Kentucky · 1904
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3Cited by3 opinions
- Spiegle v. Cincinnati, New Orleans & Texas Pacific RailroadCourt of Appeals of Kentucky · 1916
- Davidson v. RatliffeCourt of Appeals of Kentucky (pre-1976) · 1939
- Lindsey v. A. B. Smith Lumber Co.Court of Appeals of Kentucky · 1917