conditions rule in Kentucky

1967We held that the decedent was contributorily negligent as a matter of law in standing on the highway “in an obviously perilous place, under the conditions at bar.” Parker also relies upon Carlisle v. Reeves, Ky., 294 S.W.2d 74 .

1964Carlisle v. Reeves, Ky., 294 S.W.2d 74 .

1971In Vernon v. Gentry, Ky., 334 S.W.2d 266 (1960), this court enumerated the conditions under which the doctrine of res ipsa loquitur may be applied: "(1) The defendant must have had full management of the instrumentality which caused the injury; (2) the circumstances must be such that, according to common knowledge and the experience of mankind, the accident could not have happened if those having control and management had not been negligent; (3) the plaintiff's injury must have resulted from the accident." In the instant case, appellee concedes it was in complete control of the system and tha

1971In Vernon v. Gentry, Ky., 334 S.W.2d 266 (1960), this court enumerated the conditions under which the doctrine of res ipsa loquitur may be applied: “(1) The defendant must have had full management of the instrumentality which caused the injury; (2) the circumstances must be such that, according to common knowledge and the experience of mankind, the accident could not have happened if those having control and management had not been negligent; (3) the plaintiff’s injury must have resulted from the accident.” In the instant case, appellee concedes it was in complete control of the system and tha

1938Bowman v. Combs, 210 Ky. 1 , 273 S. W. 719 .

1938Bowman v. Combs, 210 Ky. 1 , 273 S. W. 719 .

1926If it be admitted that Rowe, the section foreman, was a fellow servant of appellee, Dixon, the company is liable if he did not assume the risks of danger incident to the manner of operation of the motor car em *744 ployed by tbe foreman, and this depends, of course, upon whether Dixon knowingly mounted the car for the purpose of being carried by it under the control of the foreman around Ben Bowe curve at a speed greater than that allowed by the rule of the company and without complying with the conditions of rule 10 imposing the duty on the foreman to flag around such curves where the track i

1926To hold otherwise would conflict with the declaration of Congress that every common carrier by railroad, while engaging in interstate commerce, shall be liable to the personal representative of any employee killed while employed therein, when death results from the negligence of any of the officers, agents or employees of such carrier.” The facts in this case bring it within the rule laid down in the case of Long’s Admr. v. Illinois Central Railroad Company, 68 S. W. 1095 , where it was urged for the railroad that the intestate knew the train was late and overdue and took the risk.