CONSOLIDATION COAL CO. v. CASTLE

No. 10058.

152 F.2d 241 (1945)

CONSOLIDATION COAL CO. v. CASTLE.

Circuit Court of Appeals, Sixth Circuit.

December 12, 1945.


Attorney(s) appearing for the Case

Allen Prewitt, of Frankfort, Ky. (J. E. Childers, of Pikeville, Ky., and Edward C. O'Rear and Allen Prewitt, both of Frank fort, Ky., on the brief), for appellant.

O. T. Hinton, of Pikeville, Ky. (Francis M. Burke and O. T. Hinton, both of Pikeville, Ky., on the brief), for appellee.

Before HICKS and MARTIN, Circuit Judges, and PICARD, District Judge.


PER CURIAM.

Ballard Castle, an employee of the Chesapeake and Ohio Railway Company, recovered a judgment against the appellant, Consolidation Coal Company, on the verdict of a jury, for $10,000 for personal injuries.

While engaged in cleaning switches in the loading yard, which served a new coal tipple of appellant at one of its mines in Kentucky, Castle was run over by a loaded car set in motion by Mullins, a car dropper in the employ of the coal company...

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