Williams Coal Co. v. Jones

• Decision Date: 23 April 1909
• Parties: WILLIAMS COAL CO. v. JONES.
• Court: Kentucky Court of Appeals

118 S.W. 342

WILLIAMS COAL CO. v. JONES.

Court of Appeals of Kentucky.

April 23, 1909

Appeal from Circuit Court, Ohio County.

"Not to be officially reported."

Action by Frank Jones against the Williams Coal Company. Judgment for plaintiff. Defendant appeals. Reversed and remanded.

H. P Taylor, for appellant.

Ernest Woodward and M. L. Heavrin, for appellee.

HOBSON J.

The Williams Coal Company loads coal on cars furnished by the Illinois Central Railroad Company. It was Frank Jones' duty to run the empty cars down to the tipple. Ordinarily when they were loaded at the tipple, it was the duty of one Jackson to run them down from the tipple. The track was constructed upon an incline, so that the cars would move by their own weight when started, and could be checked by the person on them when they reached the proper place. About July 7, 1908, Jackson went away with the superintendent of the mines, fishing, and the boss ordered Jones to ride the cars both ways; that is, to ride the empties down to the tipple and to ride the loaded cars out from the tipple, telling him that he would furnish a man named Baker to help, but Baker could not handle the cars by himself. While Jones was taking an empty down to the tipple that day, a brake shoe dropped down, and was wedged in between the tracks. A man who was standing not far off saw the car stop, and, seeing nothing of Jones, went over to it. He found him lying in the bottom of the car insensible. His jawbone was broken and his teeth were knocked loose. His brake stick was in the brake wheel, and the proof was to the effect that, when the shoe dropped down, the brake would unwind, causing the wheel to revolve, and that, as the wheel revolved, it would bring the stick in contact with Jones' head, if he was standing on the car as indicated by the position of his feet at the time he was found; that is, the hanging of the shoe would cause the brake wheel to turn rapidly in the other direction from that in which Jones was turning it, and would cause the brake stick to strike him. Jones testified that the last thing he remembered he was on the hill or top of the incline, that he got down and fixed the chain and got back on the car, and that is the last he could recollect until the next morning. He brought this suit to recover for his injuries on the ground that he was doing at the time the work of two men; that it was necessary to have another man to assist him; that he was required by the bank boss to do the work by himself; that he informed the boss that the work could not be done properly by one man, but the boss answered that one man was sufficient to do it, and he, relying on this assurance, attempted to proceed with it and, while so engaged, received the injuries complained of by reason of the fact that he had not proper assistance.

There is no proof at all that he informed the boss that the work could not properly be done by one man, or that the boss assured him that one man was sufficient to do the work, or that he received any assurance from the boss as to his safety in doing the work. The fact is the proof shows conclusively that, when Jackson was there, he simply rode the loaded cars out from the tipple to the lower end of the side track. Jones brought in the empties from the upper end of the side track to the tipple by himself. He had been working there two years, and this was the usual course of business. The absence of Jackson, Jones testifies, made it necessary for him to take out the loaded cars from the tipple, and this gave him less time to attend to his usual duties of bringing in the empties from the upper end of the track. He says he had to be in a hurry all day to keep the cars at the tipple so that the coal could be loaded upon them. It is insisted for him that owing to the fact...