Pyburn v. Fourseam Coal Co.

Opinion op the Court by

Judge Thomas

Affirming.

This action, filed in the Perry circuit court on November 4, 1942, by appellant against appellee, sought to recover damages against defendant in the sum of $5,000 for personal injuries alleged to have been suffered by plaintiff on July 4,1942, because of a defect in some part of the flooring in a residence building occupied by plaintiff located on the mining premises of defendant. The petition, as twice amended, states that on January 12, 1942,- defendant by written contract leased to plaintiff’s father, McKinley McCoy, the premises occupied by her…