Angel v. Jellico Coal Mining Co.
Court of Appeals of Kentucky
(Case 87 — Action by James Angel against the Jellico Coal Mining Company fob Damages fob Personal Injuries APPEAL FROM WHITLEY CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. •Gross negligence is charged on the part of appellee in 'causing dynamite to he taken into the air shaft in the mine ¡and placed near the fire to dry without warning appellant ¡of its dangerous character.
Read the full summary
(Case 87 — Action by James Angel against the Jellico Coal Mining Company fob Damages fob Personal Injuries APPEAL FROM WHITLEY CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. •Gross negligence is charged on the part of appellee in 'causing dynamite to he taken into the air shaft in the mine ¡and placed near the fire to dry without warning appellant ¡of its dangerous character. The answer denies all the material allegations of the petition and pleads contributory negligence on the part of appellanlt. At ¡the conclusion of the evidence the court gave the jury peremptory…
1Opinion of the Court
Opinion oe the court by
JU'DGE SETTLE
Reversing.
This action was instituted by appellant in the Whitley circuit court to recover of appellee damages for personal injuries alleged in the petition to have been sustained by an explosion of dynamite which servants of appellee, in a different line of service to that in which appellant was en*731gaged, had negligently placed near and in front of the fire of a furnace in the air shaft of its mine, that appellant, as its servant, was required to keep up. It is also averred in the petition that the dynamite was put in front of the fire to thaw, the heat of…
2Cited by8 opinions
- Williams Coal Co. v. CooperCourt of Appeals of Kentucky · 1910
- East Tennessee Telephone Co. v. JeffriesCourt of Appeals of Kentucky · 1913
- Big Sandy Cumberland Railroad v. Measell's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1931
- Broadway Coal Mining Co. v. SouthardCourt of Appeals of Kentucky · 1911
- Fluhart Collieries Co. v. MeeksCourt of Appeals of Kentucky · 1914
3 more not listed; retrieve them via the Exa API.