Harlan-Wallins Coal Corporation v. Stewart

.MILLIKEN, Justice

(dissenting).

The view of the majority of the court is contrary to the weight of authority and to the modern trend in Workmen’s Compensation law, and is apparently based on the doctrine of stare decisis as applied to Kentucky cases in this field. Whether stare decisis should apply in this field of the law is one question, but whether this court has a sound basis for its application is quite another. This dissent, is addressed to the latter question, and, I believe, throws into high doubt whether Kentucky law is as well settled in this field as the majority opinion assumes…