Addyston Pipe & Steel Co. v. Copple

• Decision Date: 02 May 1893
• Citation: 94 Ky. 292,22 S.W. 323
• Parties: ADDYSTON PIPE & STEEL CO. v. COPPLE.
• Court: Kentucky Court of Appeals

22 S.W. 323

94 Ky. 292

ADDYSTON PIPE & STEEL CO. v. COPPLE.

Court of Appeals of Kentucky.

May 2, 1893

Appeal from circuit court, Campbell county.

Not to be officially reported.

Action by Henry Copple against the Addyston Pipe & Steel Company to recover damages for personal injuries. Judgment was entered in favor of plaintiff, and defendant appeals. Reversed.

Nelson & Desha, for appellant.

W. W Cleary and Chas. J. Helm, for appellee.

BENNETT C.J.

The appellee brings this suit against the appellant to recover damages for the loss of a leg, caused by the gross neglect of the appellant in knowingly having defective machinery for the appellee to work with while in its employment, and of which defect the appellee did not know, and which defect caused the machinery to give way and break the appellee's leg. The appellee recovered $4,500 damages for said injury. The appellant has appealed from that judgment.

The appellant traversed the allegation of defective machinery and negligence. It pleaded the further fact that appellee, before the institution of his suit, accepted $100 in money and an artificial leg in full satisfaction of said injury. The appellant relied on a written contract, which reads as follows: "Received from Addyston Pipe & Steel Co. the sum of one hundred dollars in full settlement of all claims of whatsoever kind or character caused by or in any wise growing out of an accident to me, Henry Copple, on or about the 29th day of October, 1889, at Pit No. 3, Newport Works Newport, Ky. In testimony whereof I have hereunto set my hand this, the 17th of February, 1890. Henry Copple." "We also agree to furnish said Henry Copple with a good and serviceable artificial limb." The appellee admits the agreement, but says that the appellant procured it from him by fraud, etc. He does not allege mistake as to the contents of the writing. The court instructed the jury in instruction No. 4 that they must find for the appellant if the appellee, at the time he signed the agreement "understood and fully assented to the same as a settlement in full of his claim or damages herein." Instruction No. 7 informs the jury that "the burden is on the defendant to make out its case by a preponderance of proof of the said settlement with the plaintiff under the fourth instruction herein." The other instructions place the burden upon the appellee as to the allegations of fraud. The instructions, taken together,...