Partin's Administrator v. Black Mountain Corp.

Opinion op the Court by

Chief Justice Dietzman

• — Reversing.

This is the third appeal of this ease. The opinions on the two former appeals may be found in 237 Ky. 556, 36 S. W. (2d) 1, and 243 Ky. 791, 49 S. W. (2d) 1014. It is a suit brought by the administrator of S. T. Partin, deceased, for damages on account of the death of Par-tin, occasioned by his being', crushed in the mine of the appellee by a cut of runaway mine cars. On the trial cf this case, from which the second appeal was taken, the facts were developed by the evidence adduced on both sides. On that trial, the administrator of…