Wilson v. Alpine Coal Co.
Court of Appeals of Kentucky
Case 58 — Action by J. L. Wilson against the Alpine Coal Co., fob Personal Injuries. APPEAL FROM PULASKI CIRCUIT COURT — 'T. Z. MORROW, CIRCUIT JUDGE. Judgment for Defendant and Plaintiff Appeals.
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Case 58 — Action by J. L. Wilson against the Alpine Coal Co., fob Personal Injuries. APPEAL FROM PULASKI CIRCUIT COURT — 'T. Z. MORROW, CIRCUIT JUDGE. Judgment for Defendant and Plaintiff Appeals. Our contention is: 1. That the allegations of plaintiff’s petition “that by the carelessness and negligence of the defendant and superintendent and those in charge and control of the mines, large quantities of slate and stone lying about the vein of coal and in the entry of said mine where the coal had been removed from, and in the entry where his duties called him had become loose, unsafe and…
1Opinion of the Court
Opinion op the court by
JUDGE PAYNTER
Reversing.
Appellee operates a coal mine. Appellant was an employe of the appellee, and was assisting an engineer in the employ of appellee in surveying and locating an entry in the mine, and in fixing the courses and distances for the information of those engaged in mining coal. The employ of appellant was that of a common laborer, and he performed his duty, under the direction of the engineer. His position was similar to that of a chain carrier in surveying the surface of land. The evidence conduces to show that they were engaged in the work at night by…
2Cases cited1 opinion
- Ashland Coal & Iron Railway Co. v. WallaceCourt of Appeals of Kentucky · 1897
3Cited by3 opinions
- Haptonstall v. Boomer Coal & Coke Co.West Virginia Supreme Court · 1916
- Shinn Glove Co. v. SandersCourt of Appeals of Kentucky · 1912
- Interstate Coal Co. v. MolnerCourt of Appeals of Kentucky · 1912