Goodin v. Fuson

• Decision Date: 22 November 1900
• Citation: 60 S.W. 293
• Parties: GOODIN v. FUSON et al.
• Court: Kentucky Court of Appeals

60 S.W. 293

GOODIN v. FUSON et al.

Court of Appeals of Kentucky.

November 22, 1900

Appeal from circuit court, Bell county.

"Not to be officially reported."

Action by one Goodin against S. S. Fuson and others. From a judgment for defendants, plaintiff appeals. Affirmed.

N. J Weller, for appellant.

O. V Riley, for appellees.

PAYNTER J.

The appellee S. S. Fuson owned a sawmill situated about 60 feet from the county road on Little Clear creek, on the lands of the appellee Jeff Fuson. The appellees James Fuson and A. J Needles helped to operate the mill. There was a tram road constructed from the mill along the county road for a short distance, then diagonally across the county road, leading to a yard. The section of the tram road across the county road was movable, so, when the teams approached, it was removed that they might pass. The appellant, Goodin, had occasion to pass along the road on horseback, and the tram road was not removed to allow him to pass, so he was forced, as claimed by him, to ride between the tram road and a fence, in order to pass beyond the mill to again reach the county road, and while passing through the narrow place his horse was frightened by the noise and steam from the mill, became unmanageable, and ran against the fence, and mashed, bruised and seriously injured his ankle and foot. It is claimed by appellant that those operating the mill knew that he was attempting to pass along the narrow place to reach the county road, and made no effort to stop the noise after they saw his perilous position. The appellees claim that there was no such narrow place as claimed by the appellant, and that he could have crossed the tram road and again entered the county road without any injury whatever. The proof shows that the appellant was not injured in crossing the tram road, but at a point which he had reached after passing the place where the tram road crosses the county road, and his horse probably became frightened by the noise resulting from the operation of the mill. The court told the jury to find for the plaintiff if the injury resulted from and by reason of an obstruction placed across the county road by S. S. Fuson, or by his employés. The court further told the jury to find for the plaintiff if it believed from the evidence that his horse became frightened and unmanageable at the steam and noise of the mill, if the owner of the mill or his employés operating it saw...