Legal Opinion

Kenmont Coal Co. v. Patton

Court of Appeals for the Sixth Circuit

Decided November 10, 1920No. 3381PublishedCited by 7 opinions

In Error to the District Court of the United States for the Eastern District of Kentucky; Andrew M. J. Cochran, Judge. Action by Charles Patton, administrator of Kinney Patton, deceased, against the Kenmont Coal Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

KNAPPEN, Circuit Judge.

Defendant in error, as plaintiff, recovered verdict and judgment against plaintiff in error for damages on account of the death of decedent, caused by the falling of a large block of slate from the roof of defendant’s Kentucky coal mine, in which decedent was employed. The substantial questions presented relate, first, to the trial court’s refusal to direct verdict for defendant, and, second, to its failure to give a certain request to charge.

[1-6] 1. There was no error in overruling the motion to direct verdict for defendant. It appeared that on the afternoon before…

2Cases cited5 opinions

  1. Evans Chemical Works v. BallCourt of Appeals of Kentucky · 1914
  2. Fluehart Collieries Co. v. ElamCourt of Appeals of Kentucky · 1912
  3. Mason, Hanger & Coleman Co. v. KennisonCourt of Appeals of Kentucky · 1909
  4. Dasher v. Hooking Mining Co.Court of Appeals for the Sixth Circuit · 1914
  5. Hazard Coal Co. v. WallaceCourt of Appeals of Kentucky · 1918

3Cited by7 opinions

  1. Bailey v. Central Vermont Railway, Inc.Supreme Court of the United States · 1943
  2. Tatum v. Gulf, Mobile Ohio Railroad Co.Supreme Court of Missouri · 1949
  3. Thomson v. BolesCourt of Appeals for the Eighth Circuit · 1941
  4. Illinois Central RR Co. v. CoussensMississippi Supreme Court · 1955
  5. Kansas City Bridge Co. v. GravittSupreme Court of Oklahoma · 1940

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