West Kentucky Coal Co. v. Shoulders' Administrator

Opinion of the Court by

Judge Willis

Reversing.

George Shoulders was employed by the West Kentucky Coal Company, and was engaged in driving an entry in a coal mine. His immediate foreman was Mark Townsend. In June, 1926, Shoulders was killed by a fall of slate or rock, and his administrator sued the coal company and Townsend and Edgar Coffman, who was employed in the same mine as a pit boss, to recover damages for the death. The trial court held that a case was not made out against Coffman, and directed the jury to find a verdict in his favor. The case was submitted to the jury as to Townsend…