Kelly & Shields v. Miller

Opinion of the Court by

Judge Rees

Affirming.

Appellants, J. S. Kelly and P. R. Shields, partners, doing business under the firm name of Kelly & Shields, as subcontractors were engaged during the month of May, 1928, in the placing of asphalt on the concrete base of a highway constructed under the supervision of the state highway commission in Perry county. Part of the road was within the corporate limits of the city of Hazard.

On May 30,1928, the appellee, Jerry Miller, who was employed by the appellants as a laborer, and who, with a number of other men, was engaged in spreading asphalt which had…