Isbell v. Union Light, Heat & Power Company

SWINFORD, District Judge.

This case was tried on law and facts before the court without the intervention of a jury. It is now finally submitted for judgment.

The plaintiff, Maurice Isbell, was an employee of the Williams-Austin Construction Company which was engaged in laying a gas pipe line from a point in Campbell County through Kenton County, Kentucky, as an independent contractor for the Central Kentucky Natural Gas Company. In the work of digging the pipe ditch and cleaning out cave-ins of earth, the construction company was using a piece of heavy machinery consisting of a truck on which…