Ray v. United Elkhorn Coal Co.

Opinion op the Court by

Judge Clay

Affirming.

This is an appeal from a judgment sustaining a demurrer to, and dismissing, the petition as amended.

Briefly stated, the facts pleaded in the original petition are these: Though employing more than five men, the defendant, United Elkhorn Coal Company, had not accepted the Workmen’s Compensation Act (Ky. Stats., sec. 4880 et seq.). On August 14,1930, and prior thereto, plaintiff was engaged by the defendant for the purpose of loading and mining coal. While lifting and raising large lumps of coal under the direction of defendant’s agents, who were…