Perkins v. Stein & Co.
Court of Appeals of Kentucky
Case 75 — PETITION ORDINARY — 1. Mere acts of n'-gligence do. not constitute an-assault and, .‘battery within the meaning of section 1 of chapter 10, General Statutes.
Read the full summary
Case 75 — PETITION ORDINARY — 1. Mere acts of n'-gligence do. not constitute an-assault and, .‘battery within the meaning of section 1 of chapter 10, General Statutes. (Anderson v. Arnold’s Ex’or, 79 Ky , 370.) 2. In cases where defendants are sued for the acts of .their agents, the action must be case, and where case lies the action survives (Ohitty, vol. 1, 142, 14§, 149; 11 Price, 608; Rogers v. Imbleton, 2 Bos. & Pull., 117; McManus v. Crickett, 1 East, 106; Morley v. Gaisford, 2 H. Blackstone, 442; Haggett v. Montgomery, 2 N. R., 446; 12 Ky. Law Rep., 627.) • This is an action of…
1Opinion of the Court
JUDGE HAZELEIGG
delivered the opinion oh the court.
The petition, of Perkins averred that the appellees were the owners of a large brewery in Louisville, Kentucky, and of numerous brewery wagons, used for the purpose of delivering beer; that whilst so engaged the agents and drivers of the appellees carelessly, negligently and recklessly ran into, over and upon the plaintiff, and bruised and injured him externally and internally, the wagon running over his left ankle and the shafts striking him in the breast; that thereby he was knocked down and trampled upon by the horses of the defendants’…
2Cases cited2 opinions
- Anderson v. Arnold's ex'rCourt of Appeals of Kentucky · 1881
- Johnson v. CastlemanCourt of Appeals of Kentucky · 1834
3Cited by16 opinions
- Luther v. StateIndiana Supreme Court · 1912
- People v. FreudenbergCalifornia Court of Appeal · 1953
- People v. SearleCalifornia Court of Appeal · 1917
- Spriggs v. CommonwealthCourt of Appeals of Kentucky · 1902
- Burnett v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1955
11 more not listed; retrieve them via the Exa API.