Palmer's Administratrix v. Empire Coal Co.

OPINION OF THE COURT BY

WlLLIAM; ROGERS CLAY, Commissioner

Affirming.

The Empire Coal So Coke Company, a Delaware corporation, owns certain mines at Empire, Kentucky, which are leased by the Empire Coal Company, a Tennessee corporation. Isom Palmer, a miner in the employ of the Empire Coal Company, was killed by falling slate. His administratrix brought this action to recover damages *131for his death. On the first trial the jury returned a verdict in favor of plaintiff against the Empire Coal Company for $1,250. A peremptory instruction was given in favor of the Empire Coal & Coke Company.…