Gremnis' Adm'r v. Louisville Electric Light Co.
| Decision Date | 26 January 1899 |
| Citation | 49 S.W. 184 |
| Parties | GREMNIS' ADM'R v. LOUISVILLE ELECTRIC LIGHT CO. [1] |
| Court | Kentucky Court of Appeals |
Appeal from circuit court, Jefferson county.
"Not to be officially reported."
Action by the administrator of John Gremnis against the Louisville Electric Light Company to recover damages for the death of plaintiff's intestate. Judgment for defendant, and plaintiff appeals. Reversed.
M. A., D. A. & J. G. Sachs and Pryor, O'Neal & Pryor, for appellant.
Humphrey & Davie and John W. Barr, Jr., for appellee.
No issue was made in this case as to appellee's ownership of the wire which electrocuted appellant's intestate. Under the doctrine of McLaughlin v. Electric Light Co., 100 Ky. 173, 37 S.W. 851, the case should have gone to the jury. The boy was on the roof of the house, and in the discharge of his duty, at the time of the accident; and this is true, notwithstanding the fact that he had taken two or three steps from the place where he had been assisting his foreman in repairing a skylight. It would be an exceedingly narrow view to hold he could not be regarded as in the performance of his duty unless he was constantly rendering his foreman assistance by handing him nails, tools, material, etc. If he was standing or moving in a space where he could readily answer the calls of his foreman, or render the assistance required of him, he would have been as much in the performance of his duty as if he had been within the reach of his foreman. The judgment is reversed for proceedings consistent with this opinion.
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Notes:
[1] Reported by Edward W. Hines, Esq., of the Frankfort bar, and formerly state reporter.
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