Tombrello Coal Co. v. Fortenberry

GARDNER, Chief Justice.

In an adversary proceeding in the circuit court of Jefferson County, J. F. Fortenberry, an employee of the Tombrello Coal Company, a corporation, was awarded compensation for injuries claimed to have been received while digging coal in the defendant’s mine.

The trial judge made a full finding of the facts and the following portion of the judgment rendered is here pertinent: “From the foregoing the court finds both parties subject to the Workmen’s Compensation Act on January 4, 1946, and that plaintiff was injured while in the discharge of his duties as a coal miner by…