McGhee's Adm'r v. Elcomb Coal Co.

Opinion op the Court by

Judge Fulton

Affirming.

This action was filed by the appellant against the appellee, Elcomb Coal Company, which had not elected to operate its mine under the Workmen’s Compensation Act, Kentucky Statutes, Section 4880 et seq., to recover damages for the wrongful death of his decedent, Carl McGhee, who was killed in the mine by a rock falling from the roof. At the conclusion of appellant’s evidence a verdict was directed for appellee, and from the judgment entered on that verdict this appeal is prosecuted.

Sometime before the decedent’s death he had taken an examination…