Yeary's Administrator v. Hignite Coal Co.

Opinion op the Court by

Stanley, Commissioner—

Affirming.

The administrator of the estate of Joe Yeary brought this suit against the appellee to recover damages for his death in its mine on February 7, 1934. He appeals from the judgment rendered on a directed verdict for the defendant. Inasmuch as the defendant had not elected to operate under the provisions of the Workmen’s Compensation Act (Ky. Stats, sec. 4880 et seq.), the sole issues were whether it was negligent and, if so, whether its negligence was the proximate cause of its employee’s death.

The decedent had been working with McKinney…