189 Ky. 54 | Ky. Ct. App. | 1920
Opinion of the Court by
Affirming.
The appellee, George Estes, was a carpenter of one year’s experience and in the employment of the appellants, Cincinnati, New' Orleans and Texas Pacific Railway Company, and the Souhtern Railway Company. James Snyder was the foreman of the crew of employees with whom the appellee was serving. They were directed to go from Lexington to Danville and there to repair a shop belonging to the appellant railroad companies. The shop was a building about forty feet in length, twenty
A criticism of the instructions given to the jury is made upon the sole ground, that they do not deny to the appellee recovery, if he knew the dangers of engaging in the- work, as well as, if the danger was so obvious, that a prudent man would decline to engage in it. The instructions substantially required the jury, before finding a verdict for appellee to find and believe from the evidence, that the place of work was not safe, and that appellee eng-aged in it under the express direction of the master, and after an assurance from him that the place was not dangerous, and that appellee relied upon such assurance before engaging in the work, but although finding the above to be true, the jury was directed to find against appellee, if the danger of the place of work was so obvious, that a prudent man would have refused to
The judgment is therefore affirmed.