WILKERSON v. STORY


340 S.W.2d 453 (1960)

Noble WILKERSON et al., Appellants, v. Charles STORY, Appellee.

Court of Appeals of Kentucky.

November 23, 1960.


Attorney(s) appearing for the Case

Williams, Rivers & Melton, Paducah, for appellants.

Waller, Threlkeld, Whitlow & Byrd, Paducah, for appellee.


CLAY, Commissioner.

Plaintiff appellant was injured when he fell through an opening in the second floor of a building under construction. He claims defendant (a subcontractor) negligently failed to cover up or barricade the aperture. The trial court directed a verdict for the defendant on the grounds (1) defendant did not create the opening, (2) defendant was not in control of the premises, and (3) plaintiff was guilty of contributory negligence as a matter of law...

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