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SMITH'S ADM'R v. CORDER

286 S.W.2d 512 (1956)

Arthur Herbert SMITH'S ADM'R (Harve Smith), Appellant, v. J. S. CORDER et al., Appellees.

Court of Appeals of Kentucky.

January 27, 1956.

Attorney(s) appearing for the Case

Fritz Krueger, W. R. Jones, Somerset, Homer W. Ramsey, Whitley City, Allen Prewitt, Frankfort, for appellant.

Ben D. Smith, Somerset, for appellees.

STANLEY, Commissioner.

J. Sherman Corder shot and killed Arthur H. Smith. A judgment of voluntary manslaughter was affirmed. Corder v. Commonwealth, Ky., 278 S.W.2d 77. This is an action by Smith's administrator against Corder and the Stearns Coal and Lumber Company, his employer, to recover damages for Smith's wrongful death.

The court dismissed the complaint as against the Stearns Company on the ground that it stated no...

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