Louisville & Atlantic Coal Co. v. Morris
Court of Appeals of Kentucky
Appeal from Muhlenberg Circuit Court. W. P. Sandidge, Circuit Judge. Judgment for plaintiff. Defendant appeals. POINTS AND AUTHORITIES. 1. (a) A peremptory instruction was proper.
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Appeal from Muhlenberg Circuit Court. W. P. Sandidge, Circuit Judge. Judgment for plaintiff. Defendant appeals. POINTS AND AUTHORITIES. 1. (a) A peremptory instruction was proper. (1) Because appellee’s injuries were caused by his violation of his contract with the company. 2. Because the negligence of the appellant, if there were any, was not the proximate or any cause of the accident. 3. The nunc pro tunc order of extension of time to file bill of exceptions should have been entered. (Washington' Life Ins. Co. of N. Y. v. Menefee’s Executor, 53 S. W. 260.) We submit that the evidence and…
1Opinion of the Court
Opinion op the Court by
Judge Lassing
Affirming.
While engaged in digging coal at the mine of appellant, appellee, Shelby J. Mlorris, was injured by having a lot of coal fall upon his body and leg, inflicting severe and painful injuries, to recover damages for which he instituted a suit against appellant coal company, alleging that his injuries were due to the negligence and carelessness of appellant in not furnishing him a reasonably safe place in which to work, in that a portion of the floor of the room of the mine in which *225he was laboring was covered with water; that he requested the mine…
2Cases cited2 opinions
- Vandever v. GriffithCourt of Appeals of Kentucky · 1859
- Lynch v. ReynoldsCourt of Appeals of Kentucky · 1869
3Cited by2 opinions
- Dalton v. DaltonCourt of Appeals of Kentucky · 1911
- Leslie County v. HoskinsCourt of Appeals of Kentucky · 1917