Helton v. Gunn Coal Mining Co.

Opinion op the Court by

Judge Richardson

Reversing.

This is an action to recover damages for an injury sustained by William McKinley Helton, an employee-of the Gunn Coal Mining Company, while engaged in removing a pillar in its mine.

The Gunn Coal Mining Company operated a mine in Bell county, Ky. It was eligible to operate, but was not operating, under the Workmen’s Compensation Act, section 4880 et seq., Ky. Stats. Helton, at the time of his injury, was not protected by it.

The basis of Helton’s action is the negligence of the company. In his petition, as amended, he sets forth the specific acts…