Burk Hollow Coal Co. v. Bills

Opinion of the Court by

Judge Dawson

Affirming.

Appellant operates a small mine at Burk Hollow in Whitley County. Appellee was employed at the mine as a tipple man. His duties were to operate the tipple and drop loaded coal cars down the siding which runs from the tipple to the track of the L. & N. Railroad Company.

■On December 30, 1943, appellee attempted to move a loaded car from under the tipple in order to permit an empty car to be placed there. When he attempted to tighten the brakes to check the car’s progress they failed to hold, forcing him to jump off the car. His right leg was broken…