Legal Opinion

Elcomb Coal Co. v. Gray's Adm'x

Court of Appeals of Kentucky (pre-1976)

Decided February 15, 1938PublishedCited by 4 opinions

1Opinion of the Court

Opinion op the Court by

Judge Baird

— Reversing.

A judgment for $4,500 in favor of Jasper Gray’s administratrix was rendered in the Harlan circuit court against tbe Elcomb Coal Company, a corporation, from wbicb it appeals.

It relies upon a number of grounds for reversal, but its counsel emphasizes only tbe following as the chief ones, practically waiving all others:

“(1) Because the evidence shows that the deceased was not an employee of the appellant, but was an independent contractor and working for. himself;. (2) because the evidence fails to show that the deceased was injured at all or that…

2Cases cited6 opinions

  1. Dossenbach v. Reidhar's Ex'xCourt of Appeals of Kentucky (pre-1976) · 1932
  2. Horse Creek Mining Co. v. Frazier's AdministratrixCourt of Appeals of Kentucky (pre-1976) · 1928
  3. Tolin v. TerrellCourt of Appeals of Kentucky · 1909
  4. Fee's Administratrix v. Mahan-Ellison Coal Corp.Court of Appeals of Kentucky (pre-1976) · 1931
  5. D. E. Hewitt Lumber Co. v. CiscoCourt of Appeals of Kentucky · 1920

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Kentucky-West Virginia Gas Co. v. SloneCourt of Appeals of Kentucky (pre-1976) · 1951
  2. Hicks v. Fontaine Ferry Enterprises, Inc.Court of Appeals of Kentucky · 1952
  3. Myers v. SalyerCourt of Appeals of Kentucky (pre-1976) · 1939
  4. Swearingen v. ConteAppellate Court of Illinois · 1972

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