Broughton v. Louisville & Nashville Rairoad

Opinion of the Court by

Judge Dietzman —

Reversing.

In Ms petition appellant, who was the plaintiff below, alleged in substance that he was, during the period of four months- following July 17, 1922, operating a coal mine near Grays, Kentucky, as a wagon mine; that is, the coal mined was hauled from, the mines to. appellee’s railroad by wagons and dumped upon the ground, ancl thence loaded into- coal cars. He further averred that, this method of mining was then, and had been for a period of more than five years previous thereto, the customary method of mimng in that community, and that appellee…