89 Ky. 478 | Ky. Ct. App. | 1890
delivered the opinion oe the court.
The appellant sues for damages for injuries sustained by him while assisting his employer, a shipper over the appellee’s road, in loading stock at night upon its cars. The apron or platform connecting the stock chute with the car into which the cattle were being driveii gave way, precipitating the appellant against the side of the car. The evidence tends to show that the apron was too short — not long enough to lap sufficiently far over on either the chute or the car to insure safety to one upon it; that it was not fastened to the chute by hinges or otherwise, as is usual, and had been out of repair for a considerable time; that all this was known to the company through its agents previous to the time of the injury, but was likewise known to the appellant. It further appears that the station where the accident occurred was the nearest and most convenient point for shipping the stock, and that but the one chute and apron were provided by the company.
The lower court, at the close of the appellant’s testimony, peremptorily instructed the jury to find for the company, upon the ground, as is admitted in argument, that the appellant was aware of the defective condition of the platform, and could not, therefore,
A very different case would be presented where one-contributed to his own injury by carelessness upon his part in the use of the defective platform. He
If one have notice of a defect in a highway, making it dangerous for travel, this does not per se make a careful and usual use of it by him negligent. We do not, of course, mean to hold that one may, by recklessly rushing into danger, or by his own culpable negligence in the use of the appliances provided
Public safety and the proper management of this now almost universal mode of travel and shipment forbid the adoption of a different rule from the . one we have indicated.
Judgment reversed, and cause remanded for a new trial consistent with this opinion.