Howard v. Southern Harlan Coal Co.

Opinion op the Court by

Judge Tilpord

— Affirming.

For nine or more years “off and on” prior to September 21, 1938, appellant had been employed to cut and sell meat and do “general store work” in appellee’s store at Lena Rue, Kentucky. On that date he undertook to move a stove, the legs of which had been placed on rollers, from the front of the storeroom where it had been on display, to a stockroom in the rear. He had performed similar operations many times, and, on several occasions, had complained to Mr. Carter, the manager in charge, that the “work was too hard, and was more than I could do.”…