Lexington & Carter County Mining Co. v. Stephens' Administrator
Court of Appeals of Kentucky
Case 66 — ACTION FOB DEATH APPEAL EB01I CARTEE CIKCÜTT COURT, 1. The fifth instruction given by the court was erroneous in failing to submit to the jury the question whether the death of the plaintiff’s intestate was caused by the poisonous air, and (2) because the instruction did not let the jury understand that the burden of proof was upon the plaintiff to show affirmatively that the decedent did not know or could not by the exercise of reasonable care know the condition…
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Case 66 — ACTION FOB DEATH APPEAL EB01I CARTEE CIKCÜTT COURT, 1. The fifth instruction given by the court was erroneous in failing to submit to the jury the question whether the death of the plaintiff’s intestate was caused by the poisonous air, and (2) because the instruction did not let the jury understand that the burden of proof was upon the plaintiff to show affirmatively that the decedent did not know or could not by the exercise of reasonable care know the condition of the mines. Bogenschutz v. Smith, 84 Ky„ 330. 2. The defendant’s motion for a peremptory instruction should have been…
1Opinion of the Court
JUDGE GUFFY
delivebed tiie opinion oe the coubt.
This action was instituted by W. EL Stephens, administrator of W. M. Stephens, against the appellant, seeking to recover $30,000 for the death of said decedent. It is substantially alleged in the petition that on the - day of October, 1894, the decedent, while engaged, under the employment of the appellant as a hand digging coal, where he had a right to be, upon and in the mine of appellant, and at its special instance and request, which rendered it necessary for him to be there in defendant’s mine, and while actually engaged in digging coal for…
2Cases cited1 opinion
- Bogenschutz v. SmithCourt of Appeals of Kentucky · 1886
3Cited by11 opinions
- Williams v. Sleepy Hollow Mining Co.Supreme Court of Colorado · 1906
- L. & N. R. R. v. IrbyCourt of Appeals of Kentucky · 1910
- Osborne's Administrator v. Cincinnati, New Orleans & Texas Pacific Railway Co.Court of Appeals of Kentucky · 1914
- Louisville & Nashville Railroad v. Napier's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1929
- Louisville & Nashville Railroad v. Greenwell's AdministratorCourt of Appeals of Kentucky · 1913
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