Carter Coal Co. v. Hill

Opinion of the Court by

Chief Justice Miller

Reversing.

This is the second appeal of this case; see 166 Ky. 214, for the opinion upon the former appeal.

The facts are stated in detail in the former opinion; but in order to understand this opinion, it may be profitable to repeat them, briefly.

Brooks had a contract to mine coal for the appellant company, at a stipulated price per ton. Hill, Gaylor and Dotlierage worked for Brooks. Hill, a miner of fifteen years’ experience, was directed by Brooks to go to work in a room neck, about nine or ten feet wide. Hill began working, and shortly thereafter…