Ratliff v. Big Sandy Co.

DAVIS, Commissioner.

Lawson Ratliff was killed by a landslide along a private roadway near the mouth of a coal mine where he worked. The appellant, as his administratrix, filed this wrongful death action, and appeals from the judgment below which dismissed her complaint after a pre-trial statement by her counsel of the facts proposed to be proven.

The fundamental bases upon which appellant rests her case are (I) that her decedent was a business invitee at the time he met his death; (2) that the appellees were grossly negligent in their failure to properly shore the face of the wall which…