City of Owensboro v. Day

Opiniost op the Court by

Judge Thomas

Affirming.

Thomas Day on July 14, 1937, was in the employ of the appellant, City of Owensboro, as a lineman in the maintenance and operation of its municipally owned electric light plant. He was then about 25 years of age, weighed about 165 or 170 pounds, and was apparently in robust health, which, according to the evidence, he enjoyed throughout his life with the exception of some few semi-occasional minor complaints that were quickly alleviated. His health and physical build were such as that his friends and acquaintances regarded him as an athlete, and he…