Elkhorn Coal Corporation v. Butler

• Decision Date: 14 March 1922
• Citation: 238 S.W. 372,194 Ky. 183
• Parties: ELKHORN COAL CORPORATION ET AL. v. BUTLER.
• Court: Kentucky Court of Appeals

238 S.W. 372

194 Ky. 183

ELKHORN COAL CORPORATION ET AL. v. BUTLER.

Court of Appeals of Kentucky.

March 14, 1922

Appeal from Circuit Court, Letcher County.

Action by S. L. Butler against the Elkhorn Coal Corporation and another. Judgment for plaintiff, and defendants appeal. Affirmed.

E. C O'Rear and W. G. Dearing, both of Frankfort, Allie W Young, of Morehead, and Fields & Fields, of Whitesburg, for appellants.

Cox &amp Grayot, of Madisonville, H. C. Faulkner, of Hazard, and David Hays, of Whitesburg, for appellee.

CLAY J.

S. L Butler brought suit against the Elkhorn Coal Corporation and H. D. Jones, its mine foreman, to recover damages for personal injuries. From a verdict and judgment in his favor for $5,500, the defendants appeal.

At the time of the accident, which occurred on March 23, 1916, Butler was employed as a loader in one of the company's mines. In the performance of his duties he was required to go to a point in the mine about 150 feet distant from the room where the loading was done to receive the empty cars and push them to the place where they were loaded. His route lay along the entry and through room No. 3. On the occasion in question he was pushing an empty car, and upon reaching a point just inside room No. 3, and where it connected with the entry, a large quantity of slate fell and injured him. At the place of the accident room No. 3 was about 11 feet wide, and the entry of the same width. Opposite room No. 3 was a breakthrough about 8 feet wide. The roof at the place of the accident was not protected by props or cross timbers. Landrum, the slate boss, testified that he inspected the room about two hours before the accident. He noticed the roof as he went in and came out, and saw nothing to indicate that it was dangerous. While he made soundings in other parts of the room, he did not remember making any inspection of the place where the slate fell. H. D. Jones, the mine foreman, testified that he had been through that section of the mine the day before. In going through he just made a general examination of the room, and saw nothing to indicate that the roof was dangerous. There was further evidence that the room where the accident occurred was so narrow that it was not practicable to set up props or cross timbers, and the witnesses regarded it as safer to have narrow rooms without props or cross timbers than broad rooms with them.

The statute provides that the mine foreman or assistant shall visit and...