Lyttle v. Harlan Town Coal Co.

Opinion of the Court by

Judge Carroll

Beversing.

Jane Lyttle, a child about nine years of age, while playing with other children at the base of a steep hill, was killed by a large rock that was rolled down the side of the hill by Jeff Trail, an employe of the appellee coal *346company. In this action against the coal company, brought by her administrator, to recover damages for her death, there was a directed verdict for the coal company, and the administrator appeals.

The trial judge was influenced to order a directed verdict on the ground that the child, at the time she was killed, was trespassing…