Hazard Coal Co. v. Elam

Opinion of the Court by

Judge Miller

Affirming.

In April, 1914, the appellee, James Elam, was a laborer in the mine of the appellant near Hazard, Ky. In order to place a coal cutting machine in the fifth “break-through,” Elam placed it on a truck which ran on car tracks, and pushed the truck into the “breakthrough, ’’ where he removed the cutting machine from the truck, and left it. As he was pushing the truck from the “break-through” on to the main track that ran along the entry, an-empty coal car which two other miners were pushing along the main track collided with the machine truck that Elam…