ENGLE COAL COMPANY v. DRAKE


311 S.W.2d 563 (1958)

ENGLE COAL COMPANY, Inc., Appellant, v. Greely DRAKE, Appellee.

Court of Appeals of Kentucky.

March 21, 1958.


Attorney(s) appearing for the Case

J. W. Craft, Jr., Craft & Stanfill, Hazard, for appellant.

William Melton, Tolbert Combs, Hazard, for appellee.


MONTGOMERY, Judge.

Greely Drake recovered a $7,000 judgment against his employer, Engle Coal Company, Inc., for negligently failing to furnish him safe working facilities, as a result of which he contracted silicosis. The employer appeals and urges that the employee assumed the risk and was contributorily negligent. It is also contended that appellee failed to prove that he contracted silicosis while in appellant's employ.

The employer had not elected to operate...

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