Glasgow Realty Co. v. Metcalfe
Kentucky Court of Appeals
482 S.W.2d 750 (1972)
- Written by Brian Meadors, JD
Facts
Marty Stout, a nine-year-old boy, visited his grandmother. The grandmother lived in an apartment on the third floor of a building owned and maintained by Glasgow Realty Co. (Glasgow) (defendant). The building housed several families with children. One day, Marty got bored and visited a neighbor’s apartment. He opened a window and called out to people on the sidewalk below. The neighbor tried to stop Marty and began closing the window. Marty pushed on the window with both hands. The window had been poorly maintained, and its glass came out, falling onto the people below. Vivian Metcalfe (plaintiff) suffered a fractured hip and numerous cuts. Metcalfe sued, alleging that Glasgow was negligent in maintaining the window. Glasgow argued that Marty pushing the window was an intervening cause, and therefore Glasgow must not be liable. The jury found for Metcalfe. Glasgow appealed.
Rule of Law
Issue
Holding and Reasoning (Hill, J.)
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