High Splint Coal Company v. Payne

Opinion op the Court by

Judge Rees

Affirming.

The appellee, Gr. D. Payne, who was the plaintiff below, brought this action against the High Splint Coal Company to recover damages for personal injuries alleged to have been received by him while employed in the defendant’s mine. On the first trial the defendant’s motion for a peremptory instruction in its favor was sustained at the conclusion of plaintiff’s evidence and a judgment was entered dismissing the petition. On appeal to this court the judgment was reversed. Payne v. High Splint Coal Company, 239 Ky. 634, 40 S. W. (2d) 299.

It was argued…