McDonald's Adm'r v. Wallsend Coal & Coke Co.
Court of Appeals of Kentucky
CASE 75. — ACTION BY HARVEY MCDONALD’S ADMINISTRATOR AGAINST THE WALL'SEND COAL & COKE CO. FOR CAUSING THE: DEATH OF PLAINTIFF’S INTESTATE. Appeal from Bell Circuit Court.
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CASE 75. — ACTION BY HARVEY MCDONALD’S ADMINISTRATOR AGAINST THE WALL'SEND COAL & COKE CO. FOR CAUSING THE: DEATH OF PLAINTIFF’S INTESTATE. Appeal from Bell Circuit Court. M. J. Moss, Circuit Judge.- From a judgment of non-suit, plaintiff appeals — The facts, contained in this record, disclose that the appellee owned and operated at the time of the injury complained of a mining plant known as a Drift Mine in which there were numerous entries and cross entries in which it had in use electrical motors with which to hauT its coal from the mine. There were some hundred or more miners on this…
1Opinion of the Court
*627Opinion op the Court by
Judge O’Rear
Reversing. ,
Harvey McDonald, a miner in the service of appellee, was injured by being run against by an electric motor and train of cars in appellee’s mine in Bell county. There was a custom, as well as an agreement between the mineowner and the miners, that the latter were to “shoot” their coal twice a day — -at 11:15 a. m. and 4:15 p. m. One hundred to 150 coal miners worked in the mine. When they had cut under the face of the coal far enough to place a charge of powder in a drilled hole at the top and fire it off, the coal would be knocked down. The smoke…
2Cases cited7 opinions
- German Insurance v. LandramCourt of Appeals of Kentucky · 1889
- Schmidt v. MitchellCourt of Appeals of Kentucky · 1897
- Massie v. CommonwealthCourt of Appeals of Kentucky · 1892
- Vance v. FieldCourt of Appeals of Kentucky · 1889
- Kentucky Journal Publishing Co. v. GainesCourt of Appeals of Kentucky · 1908
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3Cited by7 opinions
- Leonard v. WillcoxSupreme Court of Vermont · 1928
- Conkling v. CrosbyArizona Supreme Court · 1925
- Stamp v. CommonwealthCourt of Appeals of Kentucky · 1922
- Ingles v. McMillanCourt of Criminal Appeals of Oklahoma · 1911
- Tolliver v. CommonwealthCourt of Appeals of Kentucky · 1915
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