Smith's Adm'r v. National Coal & Iron Co.
Court of Appeals of Kentucky
CASE 81. — ACTION BY BENTLEY SMITH’S ADMINISTRATOR AGAINST THE NATIONAL COAL & IRON COMPANY FOR CAUSING THE DEATH OP PLAINTIFF’S INTESTATE. Appeal from Bell Circuit Court. M. J. Moss, Circuit Judge. From a directed judgment for defendant, plaintiff appeals. Ky. Stat., Carroll Edition, 1903, 331a; Ky.
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CASE 81. — ACTION BY BENTLEY SMITH’S ADMINISTRATOR AGAINST THE NATIONAL COAL & IRON COMPANY FOR CAUSING THE DEATH OP PLAINTIFF’S INTESTATE. Appeal from Bell Circuit Court. M. J. Moss, Circuit Judge. From a directed judgment for defendant, plaintiff appeals. Ky. Stat., Carroll Edition, 1903, 331a; Ky. Stat, 466; 45 N. Y., 630; 60 S. W., ISO; Big Hill Coal Co. v. Abney’s Adm’r, 101 S. W., 394; 30 L, R. A., p. 82, John Queene, by &c., v. Dayton Coal & Iron Co.; Iron & Wire Co. v. Green, 108 Tenn., 161; Bailly on Personal Injuries, Sec. 1291; Wm. Rollin, by &c., v. R. J. Reynolds Tobacco Co., 141…
1Opinion of the Court
Opinion of the Court by
Judge Hobson
Reversing.
Bentley Smith lost his life in the mine of the National Coal & Iron Company, and this action was brought to recover for his death under section 6, Ky. St. (Russell’s St. Sec. 11), on .the ground that his *673death, resulted from an injury inflicted by the negligence or wrongful act of the company, in this, that he was under 14 years of age and had been employed by the company in violation of the statute, which .then read as follows: ‘‘That it shall be unlawful for a proprietor, foreman, owner or other person to employ any child less than fourteen years…
2Cases cited13 opinions
- Queen v. Dayton Coal & Iron Co.Tennessee Supreme Court · 1895
- American Car & Foundry Co. v. ArmentrautIllinois Supreme Court · 1905
- Rolin v. . Tobacco Co.Supreme Court of North Carolina · 1906
- Nickey v. SteuderIndiana Supreme Court · 1905
- Iron & Wire Co. v. GreenTennessee Supreme Court · 1901
8 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Ludwig v. JohnsonCourt of Appeals of Kentucky (pre-1976) · 1932
- Pike v. GeorgeCourt of Appeals of Kentucky (pre-1976) · 1968
- Berdos v. Tremont & Suffolk MillsMassachusetts Supreme Judicial Court · 1911
- Kentucky Utilities Co. v. McCarty's AdministratorCourt of Appeals of Kentucky · 1916
- Louisville, Henderson & St. Louis Railway Co. v. LyonsCourt of Appeals of Kentucky · 1913
20 more not listed; retrieve them via the Exa API.