Black Mountain Corp. v. Partin's Administrator

Opinion op the Court by

Judge Thomas—Revers-

ing.

At about 9 p. m. on July 26, 1928, tbe plaintiff’s decedent, S. T. Partin, received fatal injuries in No. 9 entry of Mine 31 belonging to and operated by tbe defendant and appellant, Black Mountain Corporation, in Harlan county, Ky. The accident occurred at a point about 200 feet from the mouth of the entry, and not far from the point where a diverging mine car track ran from the main line, but the switch was turned so as to cause cars coming from the mouth or entry of the mine to take the switch track and not to follow the main one. Decedent and…