Hanor v. West Kentucky Coal Company

Opinion op the Court by

Judge Rees

Affirming.

Appellant brought this action to recover damages for injuries sustained by him in appellee’s mine. At the conclusion of plaintiff’s testimony, the trial court sustained a motion for a peremptory instruction in the defendant’s favor, and the plaintiff has appealed.

In his petition he alleged that he was a coal loader in defendant’s mine, and that Ellis Bibbs, who was a mule driver employed by the defendant, called on the plaintiff and Stanley Wallace to assist him in replacing his coal car on the rails, which had left the track near the room in which…