Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 122

Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 122

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ...wire, a prima facie case of negligence will have been established. In such a state of case the risk of assuming that the wires and other appliances are in a safe condition is not that of the public, but of the operator of the plant. The operator h-as the better means of knowing. It is his duty both to provide such appliances as are reasonably safe, and by proper inspection and oversight to keep himself informed as to whether they are safe. Until the public has knowledge or notice to the contrary, they may assume that the operator has properly discharged his dutiesin-tliese respects." The case of Lexington Railway Company v. Fain's Administrator, 71 St W., 628, 24 Ky. Law Rep., 1443, was of this character. But the case a.t bar involves an injury occurring to a worlnnan in the railro-ad shops and is governed by the general rule. The court should have omitted from the first instruction the word "negligently;" also the words"'which prudent persons are accustomed to exercise under similar circumstances;" and for the words "by reason of such negligence" should have substituted the wo-rds "by reason of such failure." The words "so as" should also be omitted before the words "to prevent." In the second instruction the same words should be omitted so far as they occur. The definition of utmost care in the eighth instruction is incorrect, and instructions containing in: effect this idea have been sev'eral times condemned by this court. McLaughlin v. Louisville Electric Light Company, 100 Ky. 173, 18 Ky. Law Rep. 693; 37 S. W. 851, 34 L. R. A. 812; Overall v. Same, 47 S. W. 442, 20 Ky. Law Rep. 759; O'Donnell utrnost care and skill as used in more

Product details

  • Paperback | 276 pages
  • 189 x 246 x 15mm | 499g
  • United States
  • English
  • black & white illustrations
  • 1236826078
  • 9781236826077