Big Hill Coal Co. v. Abney's Admr.
Court of Appeals of Kentucky
CASE 42. — ACTION BY JONATHAN ABNEY’S ADMINISTRATOR AGAINST THE BIG HILL COAL CO. FOR DAMAGES FOR CAUSING THE DEATH OF PLAINTIFF’S INTESTATE. Appeal from Bockcastle Circuit Court. M. L. Jarvis, Circuit Judge. Judgment for plaintiff. Defendant, appeals. POINTS AND CITATION OF AUTHORITY. The Defendant is entitled under the general denial of negligence the benefit of ‘the contributory negligence of fellow servants without having specially plead the same. (See Enc.
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CASE 42. — ACTION BY JONATHAN ABNEY’S ADMINISTRATOR AGAINST THE BIG HILL COAL CO. FOR DAMAGES FOR CAUSING THE DEATH OF PLAINTIFF’S INTESTATE. Appeal from Bockcastle Circuit Court. M. L. Jarvis, Circuit Judge. Judgment for plaintiff. Defendant, appeals. POINTS AND CITATION OF AUTHORITY. The Defendant is entitled under the general denial of negligence the benefit of ‘the contributory negligence of fellow servants without having specially plead the same. (See Enc. Pleading & Practice, vol. 13, page 913; Say ward v. 'Carson, 1 Wash, 39; Wilson v. Charlston R. R. Co., 28 S. E., 91; Thompson on…
1Opinion of the Court
Opinion op the Court by
Judge Hobs'on
Reversing.
J. D. Abney was a laborer in tbe mine of the Big Hill Coal Company, and while- engaged there was killed by the falling of the roof of the mine. This suit was filed by his personal representative to recover for his death. The facts of the case are substantially these: Levi Reynolds, who was the father-in-law of Abney, was a miner, and had been employed for some time in the mine. It was usual for each miner to have with him a helper, known, as a “buddy. ’ ’ Reynolds’ buddy left-, and Reynolds took Abney in as his buddy. Abney had been in the mine…
2Cases cited8 opinions
- Sayward v. CarlsonWashington Supreme Court · 1890
- Wilson v. Charleston & Savannah Ry.Supreme Court of South Carolina · 1897
- Greer v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1893
- Duffy v. KivilinIllinois Supreme Court · 1902
- Kaminski v. Tudor Iron WorksSupreme Court of Missouri · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- West Kentucky Coal Co. v. Shoulders' AdministratorCourt of Appeals of Kentucky (pre-1976) · 1930
- City of Harlan v. ParsonsCourt of Appeals of Kentucky · 1924
- Louisville Water Co. v. DarnellCourt of Appeals of Kentucky · 1920
- Chesapeake & O. Ry. Co. v. CarmichaelCourt of Appeals of Kentucky (pre-1976) · 1944
- American Milling Co. v. BellCourt of Appeals of Kentucky · 1912
4 more not listed; retrieve them via the Exa API.