Godfrey v. Beattyville Coal Co.
Court of Appeals of Kentucky
Case 58 — PETITION ORDINARY 1. The court erred in refusing to give in the instructions the rule laid down by the statute as to what is a proper ventilation of mines, and erroneously left to the jury that question. Shear-man & Redfield on Negligence, sec. 13, p. 16; see. 54, and authorities cited; Toledo, &c.
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Case 58 — PETITION ORDINARY 1. The court erred in refusing to give in the instructions the rule laid down by the statute as to what is a proper ventilation of mines, and erroneously left to the jury that question. Shear-man & Redfield on Negligence, sec. 13, p. 16; see. 54, and authorities cited; Toledo, &c. R. R. Co. v. Deacon, 63 111., 91; Lawson’s Rights and Remedies, vol. 3, sec. 1213. 2. After it was shown by the plaintiff that the necessary means to procure ventilation had not been taken by defendant to prevent danger, the burden was then on the defendant to show that notwithstanding…
1Opinion of the CourtChief Justice Lewis
Appellant, Joseph Godfrey, a laborer in the mine of appellee, Beattyville Coal Co., brought this action to recover damages for a personal injury, consisting of a severe burn and shock to his physical system, alleged to have resulted from explosion of inflammable gases and fire damp that had been negligently suffered to accumulate and impregnate the coal dust in the mine. There was on the trial involved the single inquiry whether the injury resulted from an explosion of the gas in the natural and ordinary process of blasting the coal bed with gunpowder, at which appellant was engaged, or from…
2Cited by6 opinions
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. Lovell's Admr.Court of Appeals of Kentucky · 1910
- Andricus' Adm'r v. Pineville Coal Co.Court of Appeals of Kentucky · 1906
- Silva v. City of NewportCourt of Appeals of Kentucky · 1912
- McAlester-Edwards Coal, Co. v. HoffarSupreme Court of Oklahoma · 1917
- Redding v. Independent Contracting Co.Court of Appeals of Kentucky (pre-1976) · 1960
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