GOBEN v. SIDNEY WINER COMPANY


342 S.W.2d 706 (1960)

Ronald GOBEN, an Unmarried Infant, by Kenneth Goben, his father, etc., Appellant, v. SIDNEY WINER COMPANY et al., Appellees.

Court of Appeals of Kentucky.

Dissenting Opinion February 26, 1960.

As Modified on Denial of Rehearing February 24, 1961.


Attorney(s) appearing for the Case

Theodore Wurmser, Preston L. Terry, III., Louisville, for appellant.

Edwin O. Davis, Richard F. Lynch, Louisville, for appellees.


PALMORE, Judge.

Plaintiff, Ronnie Goben, a 9 year old boy, was injured and lost 2 fingers when a concrete block column he was climbing (part of a garage under construction) collapsed with him, resulting in this suit for damages against the contractor in charge of the project (Sidney Winer & Co.) and the masonry subcontractor (William H. Cole). He appeals from a judgment entered pursuant to a directed verdict in favor of the defendants. The question is whether...

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