Maggard v. Kentucky King Coal Company

Opinion op the Court by

Judge Clarke

Affirming.

A little after nine o’clock on the night of May 27, 1922, appellant was shot from ambush, while walking along the Louisville and Nashville Railroad Company’s tracks, at a point some 600 or 700 yards from appellee’s commissary. For his injuries thus received, he seeks to recover damages from the appellee, upon the theory that the person who shot him was Neal Christian, a deputy sheriff employed by defendant to maintain order in and about its mining camp, and that he shot at plaintiff believing him to be one Jim Lee, with whom Christian had had some…