Central Coal & Iron Co. v. Grider's Admr.
Court of Appeals of Kentucky
Case 90 — Action ey Daniel Grider's Administrator against the Central Coal & Iron Company fob Causing the Death of Said Cridek. APPEAL FROM MUHLENBERG CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. POINTS AND AUTHORITIES. .1. The coal company had no control over the deceased, nor did it control the manner or method of Ms work; the relation of master and servant did not, therefore, exist. Aim. & Eng.
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Case 90 — Action ey Daniel Grider's Administrator against the Central Coal & Iron Company fob Causing the Death of Said Cridek. APPEAL FROM MUHLENBERG CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. POINTS AND AUTHORITIES. .1. The coal company had no control over the deceased, nor did it control the manner or method of Ms work; the relation of master and servant did not, therefore, exist. Aim. & Eng. Ency. of Law, vol. 14, sec. 2, p. 752. .2. Before the relation of master anid servant can exist for the purposes of a damage suit plaintiff must allege and prove: “1. Tbait the…
1Opinion of the Court
Opinion op the court by
JUDGE PAYNTER
Reversing.
The appellant, a corporation, is a coal operator. It, desiring to have sunk on its property a circular shaft, eight feet in diameter, entered into a contract with Foley & Nu-nan, evidenced by a writing, by which they, at a stipulated, price per foot, agreed to sink it. There are provisions of the contract which read as follows: “The party of the second part agrees to sink a shaft at a point designated by the party of the first part, the said shaft to be eight feet in diameter and circular, for the sum of seven dollars and eighty-seven and one-half…
2Cases cited3 opinions
- Mulchey v. Methodist Religious SocietyMassachusetts Supreme Judicial Court · 1878
- Bright v. Barnett & Record Co.Wisconsin Supreme Court · 1894
- Johnson v. City of BostonMassachusetts Supreme Judicial Court · 1875
3Cited by10 opinions
- Tyler v. MacFadden Newspapers Corp.Superior Court of Pennsylvania · 1932
- Westover v. HooverNebraska Supreme Court · 1911
- Camerom Mill and Elevator Co. v. AndersonCourt of Appeals of Texas · 1903
- Employers Indemnity Co. v. Kelly Coal Co.Court of Appeals of Kentucky · 1912
- King v. CreekmoreCourt of Appeals of Kentucky · 1903
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