Show Indecent Exposure Barred Recovery Recovers Kansas City Journal Judge Sterling TJ E Toney of oC the circuit cir eJr circuit cult court of ot Jefferson county Ky recently rendered an opinion in a a queer case A man was employed last Jut July to sprinkle paris parts green on potato vines ines to kill lady bugs bues and on account of the heat he opened o ned his hili shirt with the result that he was poisoned by the parts paris green reen He sued his employer who entered a demurrer to the peti petition petition petition tion and the learned Judg Jude sustained the demurrer for or the following rea reasons reasons reasons sons The plaintiff had no right ht In foro fore or in foro fore extern to make an indecent exposure of his person white while engaged in killing lady ladybugs ladybugs bugs the defendant exceeded the scope of his employment in sprinkling paris green elsewhere than on the tM potato vines sines as his special s l and exclusive agency was to kill lady bugs basking in do the shade of said potato the plaintiffs act in allowing the defend defendants defendants ants paris parts green gre n to come in contact with his flesh instead of with the flesh of at the lady bugs was unauthorized and ultra vires the mental and physical physical cal al suffering of which the tha plaintiff complains was the tte result of his bis own wrong in misapplying the defendants paris parts green gre n to purposes other oilier than those for far which he was 88 employed to apply it and besides be ldes is damnum absque injuria the plaintiff in opening his clothes and exposing himself to tue lady ady dy bugs buss and the paris parts green was guilty of c negligence the plaintiff k n v r a well as the defendant that pari T r u was poisonous and if he did not nat know noV that hat paris pads green was wasa a poison then his ais suit should not have hae been brought in his name but by a committee appointed to represent him |