Kentucky-Elkhorn Coal Corp. v. Bingham

Opinion of the Court by

Judge Thomas

Reversing.

Appellee and plaintiff below, W. E. Bingham, filed this action on July 24,1917, against appellant and defendant below, Kentucky-Elkhorn Coal Corporation, to recover $3,000.00 damages for alleged injuries claimed to have been sustained by him on May 31, 1917, because of suffocation from the effects of contaminated air in the mine where plaintiff was working as a miner. The negligence, and plaintiff rs alleged damages, as a proximate result therefrom, were thus stated in the petition: ££ That defendant carelessly and negligently failed to construct…