Happy-Scuddy Coal Co. v. Combs

Opinion op the Court by

Stanley, Commissioner

Reversing.

Tbe plaintiff, Barnett Combs, suffered a severe strain in Ms back while employed by the appellant, Happy-Scuddy Coal Company, and recovered a judgment for $2,500.

The primary question is whether or not there was a failure of the employer to furnish its employee a safe place in which to work or reasonably safe tools and such was the proximate cause of the injury. Neither contributory negligence nor assumed risk is involved since the defendant had not accepted the provisions of the Workman’s Compensation Law, KRS 342.001 et seq., although…