Brock v. Turner Fuel Co.

Opinion op the Court by

Judge Thomas

Affirming.

On December 10, 1940, a four-year old child of appellant, Sbelby Brock, whose name was Bobby B^ock, was killed by a coal car of appellee colliding with him when he was near to or upon its tramroad. Appellant was appointed and qualified as the administrator of his deceased infant son and as such filed this action against defendant in the Harlan Circuit Court to recover damages for his son’s death which he alleged in his petition was due to defendant’s negligence as charged therein.

The petition was filed by R. S. Rose, one of plaintiff’s counsel, and…