Elcomb Coal Co. v. Brock

Opinion of the Court by

Van Sant, Commissioner

Affirming.

On November 17, 1943, appellee, Ben Brock, was injured while at work for appellant, Elcomb Coal Company. Appellant had not elected to operate under the Workmen’s Compensation Law; therefore, the pleas of contributory negligence, negligence of a fellow servant, and assumed risk are not available in defense of the action. KRS 342.410; Harlan Central Coal Co. v. Gemmeno’s Adm’r., 296 Ky. 828, 178 S. W. 2d 217. Brock was employed as a coal loader in one of the mines of appellant. After loading the mine cars with coal, it was his duty to…