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eBook details

• Title: Anderson v. Kinloch
• Author : Court Of Appeals Of Kentucky
• Release Date : January 17, 1952
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 47 KB

Description

SIMS, Justice. Appellant, Lula E. Anderson, was a passenger in the cab of the Lexington Yellow Cab Company, which was driven by Albert Williams. On a street in Lexington the cab collided with a car, driven by B. B. Kinloch, and she sued the Company, its driver and Kinloch for $11,200 damages for injuries she alleged she received in the collision. From a favorable judgment of $150 against the Company and Kinloch (but not against Williams, the cab driver), she appeals on the ground that her recovery was inadequate. We are not particularly concerned with the manner and cause of the accident since the chief contention concerns the inadequacy of the award. There are, however, other questions raised by vague generalities in which we find no merit. Attorneys for appellee Cab Company call attention to the rule that where the servant is not liable, the master, under the doctrine of respondeat superior, is not liable. Louisville & N. R. Co. v. Farney, 295 Ky. 8, 172 S.W.2d 656; Levi v. Gonzenbach, 236 Ky. 586, 33 S.W.2d 657; Chesapeake & Ohio Ry. Co. v. Williams' Adm'x, 300 Ky. 850, 190 S.W.2d 549. However, since the amount involved, in so far as it affects the Cab Company, is only $150, and it is asking that the judgment be affirmed, we cannot consider that phase of the case.

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