Billiter & Shurtleff Coal Co. v. Luster

Opinion op the Court by

Morris, Commissioner

Affirming.

Appeal from a judgment for $500 awarded appellee for personal injury. Appellant operated a small coal mine, employing seven or eight men. Luster began work on May 3, 1943, and was injured by a fall of slate on May 7, while loading coal. Appellant was not operating under our Compensation Act. The suit being at common law, appellant could not rely upon the defenses set out in 342.410, KRS, and in answer it merely denied the allegations of the petition.

Luster asked $2500 on account of his injury, which he alleged had caused and will continue…