Reports of Civil And Criminal Cases Decided By the Court of ..., volume 183

Cover Reports of Civil And Criminal Cases Decided By the Court of ..., volume 183
Reports of Civil And Criminal Cases Decided By the Court of ..., volume 183
Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Kentucky (District). Supreme Court, Alexander Keith Marshall, William Littell
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S. 309; L. & N. R. R. Co. v. Patrick supra; Rase V Minneapolis, &c., Ry. Co. (Minn.), 21 L. R. A.
(N. S.) 138; Wiley v. C. N. 0. & T. P. Ry. Co., 161 Ky.«305 ; Lexington Railway Co. v. Cropper, 142 Ky. 39.
Appellant asserts that the employment by Donahue of the defective chisel, spike maul and clawbar amounts to contributory negligence only on his part, and not to an assumption of risk, but this is not borne out by the authorities. In the case of L. & N. Ry. Co. v. Patrick, supra, it was expres
...sly held that in an action to recover Digitized by Google 614 KENTUCKY EEPORTS [Vol. 183 for injury received while working as a section hand by slivers or sprawls flying from the spike maul nsed by another section hand and furnished by the company, the injured servant was not entitled to damages if he knew of the defective condition of the spike maul and the danger of flying slivers therefrom, and continued to work in close proximity to the defective instrumen- tality without obtaining from the defendant or its fore- man an assurance that the defect would be remedied or the danger removed, for the reason that his continu- ance at such work was an assumption of the risk thereby entailed.

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