Engle Coal Co. v. Drake

MONTGOMERY, Judge.

Greely Drake recovered a $7,000 judgment against his employer, Engle Coal Company, Inc., for negligently failing to furnish him safe working facilities, as a result of which he contracted silicosis. The employer appeals and urges that the employee assumed the risk and was contributorily negligent. It is also contended that appellee failed to prove that he contracted silicosis while in appellant’s employ.

The employer had not elected to operate under the provisions of the Workmen’s Compensation Act. KRS, Chapter 342. In such a case, the employer cannot rely upon the defenses…