Ted Newman v. Hi Hat Elkhorn Coal Company

Appellee contends that we have misconstrued the opinion of the Court of Appeals of Kentucky which was handed down in the case of Hi Hat Elkhorn Mining Co. v. Ted Newman, 352 S.W.2d 71 and was the basis for our decision. We have reviewed the briefs filed in that case and find that substantially the same arguments were made by appellee’s predecessor in title as were urged upon us by appellee in the present case and it relied on the same authorities. The opinion of the District Court in the case at bar was also cited to the Kentucky Court of Appeals.

We cannot ignore the plain language in the…