Grubb v. Coleman Fuel Co.

Opinion op the Court by

Stanley, Commissioner

Reversing.-

The appellant, Walter -Grubb, has sued the appel lee, Coleman Fuel Company, for damages resulting from the loss of his eye. The defendant had not elected to operate under the Workmen’s Compensation Act, Kentucky Statutes, sec. 4880 et seq. On a trial before a special judge, two issues were submitted to the jury, one of which was whether Obie Stewart, whose act caused the injury, was an employee of the defendant, and the other whether that act constituted negligence. The verdict was for the defendant.

Each miner was assigned a number and…