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SHEPHARD ELEVATOR COMPANY v. THOMAS

300 S.W.2d 782 (1957)

SHEPHARD ELEVATOR COMPANY, a Corporation, et al., Appellants, v. Nancy B. THOMAS, a Widow, et al., Appellees.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing May 3, 1957.

Attorney(s) appearing for the Case

C. W. Swinford, Stoll, Keenon & Park, Lexington, for appellants.

B. L. Kessinger, Jr., I. J. Miller, Lexington, for appellees.

CLAY, Commissioner.

Appellee, Nancy B. Thomas, and her two children seek to recover Workmen's Compensation as dependents of James Thomas, who met his death by electrocution while inspecting an elevator at the St. Joseph Hospital in Lexington. The controlling issue in the case is whether or not at the time of the accident Thomas was an employee of appellant, Shephard Elevator Company. The Workmen's Compensation Board found that he was not. On appeal to the Fayette...

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