Johnson v. Kentucky-Virginia Stone Co.

Opinion op the Court by

Chiep Justice Rees

Affirming in part and reversing in part.

J. B. Johnson brought an action against the Kentucky-Yirginia Stone Company in the Bell circuit court to recover damages for the alleged desecration of his daughter’s grave. He alleged, in substance, in his petition that his daughter, Rosie Johnson, died on February 19, 1915, at the age of three years, and was buried in what is known as the Barnett, or Yellow Hill Cemetery located near a highway leading from Middlesboro to Pineville; that in October or November, 1938, the defendant, while engaged in constructing…