138 Ky. 700 | Ky. Ct. App. | 1910
Opinion of the Court by
Reversing.
In this suit to recover from the employer damages for the injuries so inflicted, he was given a verdict and judgment for a substantial sum. His contention was that he was not furnished a reasonably safe place in which to work, because some one was not stationed there to warn him of the danger, from the falling-metal, or rather to warn him that it-was about to be knocked' off. The workmen did not, see him and from their position could not. It is not claimed that he was not as well informed, of the dangers of the place generally, and was not as familiar • with the work, as were the other workmen. It is not a ease of an inexperienced and ignorant ■ youth set to work without sufficient instructions as to the hazards of the place. His case is to be treated as if he were an adult so far as the care the employer owed him, and so
As the plaintiff failed to show a legal right to recover from the defendant, the latter’s motion for a peremptory instruction should have prevailed. Reversed and remanded.