Tar Heel Coals, Inc. v. Turner Elkhorn Mining Co.

DAVIS, Commissioner.

A truck owned by Tar Heel Coals, Inc., and operated by its employee, Billy Ray Trent, collided with and damaged an overhead chute maintained by the appellee, Turner Elkhorn Mining Company, spanning Kentucky Highway No. 1210. Turner sued Tar Heel Coals, Inc., and Trent. The case was submitted to a jury on the issues of negligence of Tar Heel and its driver and the contributory negligence of Turner. The jury returned its verdict for the defendants, but the trial court granted judgment n.o.v. and submitted only the issue of damages to another jury, which awarded Turner some…