Campbell v. East Kentucky Beverage Co.

PALMORE, Judge.

Tommy Campbell, a 16-year old boy, was drowned when a soft-drink truck on which he was employed as a helper ran off the road into a river. The administrator of his estate brought this action against the employer under the wrongful death statute, KRS 411.130. Among other defenses it was pleaded that the provisions of the Workmen’s Compensation Act applied and the circuit court was without jurisdiction to entertain the action. See Mahan v. Litton, Ky.1959, 321 S.W.2d 243. At the close of plaintiff’s evidence the trial court sustained defendant’s motion for a directed verdict.…