Columbus Mining Company v. Ross

Opinion op the Court by

Judge Thomas

Reversing.

This is the second appeal of this case. The first opinion is reported in 204 Ky. 474. Briefly stated, the cause of action alleged was, that appellees and plaintiffs below, G-eorge Boss and J. B. Baynor, contracted with the appellant and defendant below, Columbus Mining Company, to clean out an abandoned entry to its coal mine located in Perry county, and to open up an air course and, perhaps, to do other repairs, and were to be paid a designated price per yard for driving the old entry and air course further into the coal, and they were also to…