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ELKHORN PINEY COAL MINING CO. v. HAZELETT

No. 6029.

62 F.2d 137 (1932)

ELKHORN PINEY COAL MINING CO. v. HAZELETT.

Circuit Court of Appeals, Sixth Circuit.

December 6, 1932.

Attorney(s) appearing for the Case

Henry Simms, of Huntington, W. Va. (Simms & Staker, of Huntington, W. Va., on the brief), for appellant.

W. E. Burgess, of Wayne, W. Va. (Hammock & Burgess, of Wayne, W. Va., and Vinson & Miller, of Ashland, Ky., on the brief), for appellee.

Before HICKS, HICKENLOOPER, and SIMONS, Circuit Judges.

HICKENLOOPER, Circuit Judge.

On June 22, 1929, appellee was injured through the negligence of one Harry S. McKalip, mine superintendent of the appellant company, who was then driving an automobile furnished by appellant for his use at or about the mines. The sole question for our consideration is whether McKalip was at the time engaged upon the business of his employer so as to make the latter liable for his tort under the...

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