Mildred Courtney, Administratrix of the Estate of John R. Courtney, Deceased v. Island Creek Coal Company

LIVELY, Circuit Judge.

This is an appeal from summary judgment in favor of the Defendant Island Creek Coal Company. The facts are not in dispute.

The decedent, John R. Courtney, was employed by Cementation Company of America while working on land owned by the Island Creek Coal Company in Union County, Kentucky. Cementation had a contract with Island Creek to make two air shafts and sink a slope from which coal could be removed in connection with the construction of a new mine on the property of Island Creek.

Cementation was an independent contractor and Island Creek had no right to exercise…