GLASGOW REALTY CO. V. METCALFE
482 S.W.2d 750 (1972)
NATURE OF THE CASE: Metcalfe (P), P filed a negligence action against Glasgow (D) to
recover damages for personal injuries that resulted from D's negligence in maintaining a
glass window in one of its third-floor apartments. P got the verdict and D appealed.
FACTS: D owns a three-story building that stands flush with the sidewalk on the public
square and in Glasgow, Kentucky. The first floor is leased to merchants, the second floor as
offices, and the third floor is divided into apartments. Nine-year-old Marty was visiting
his grandmother's apartment and wandered into a nearby apartment occupied by the Mayo
family. Marty discovered that there was a street fair that day and quickly went to the
window and 'hollered' at other kids below. This upset seventeen-year-old Linda who wanted to
pull the raised sash down to abate Marty's conduct. Marty placed both hands against the
glass, either to prevent the closing of the window, or to assist Linda in closing it and the
glass of the lower sash broke and fell to the sidewalk, striking an awning above the first
floor causing the glass to further shatter. Numerous people, including P, were milling about
the sidewalk when the glass fell. The crowd stampeded to avoid the falling glass. Some
unknown person ran into P, knocked her down, and fractured her hip. P's injuries proved to
be more serious than anticipated. She required constant care for over seven months and
proved special damages of about $7,500. Testimony also indicated that she is 25 to 35
percent permanently disabled. P got the verdict and D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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