Burk Hollow Coal Co. v. McCulley's Adm'r

Opinion of the Court by

Judge Fulton

— Reversing.

This action was filed by the appellee to recover damages for the wrongful death of his decedent, an experienced miner 50 years of age, alleged to have resulted from breathing bad air in appellant’s mine. Verdict and judgment were for $2,000, followed by this appeal.

First of the numerous grounds urged for reversal is that the trial court erred in refusing to direct a verdict for appellant. Appellant did not have in its employ a mine foreman holding a certificate of competency as re quired by Kentucky Statutes, Section 2739-42, nor did it have its…