Moss Jellico Coal Co. v. American Railway Express Co.

Opinion op the Court by

Turner, Commissioner—

Affirming.

On and prior to the 18th of October, 1918, appellant was operating a coal mine at Wofford, in Whitley county. The mine was operated almost wholly by electrical appliances and the power was furnished by an electric plant owned by the mining company.

On the morning of the 18th of October it was ascertained that an essential part of the machinery of the electric plant needed repairing, and it was deemed necessary to take this piece of machinery out for that purpose. -This necessitated the shutting down of the whole mining operation.

Accordingly,…