Payne v. High Splint Coal Company

Opinion of the Court by

Creal, Commissioner

Beversing.

This action originated in the Harlan circuit court when appellant filed a petition seeking to recover of appellee for personal injuries alleged to have been received by him while at work at its mines. At the close of his evidence, the court instructed the jury to find for the company, and he has appealed.

By appellant !s pleading and proof, it is made to appear that he was employed by the company as a coupler, assisting the motorman in taking empty cars into and removing loaded cars from its mine; that, while so engaged, one of the cars was…