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HALL COAL COMPANY v. KIRK

335 S.W.2d 932 (1960)

HALL COAL COMPANY, Inc., et al., Appellants, v. Helen Hopkins KIRK, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied June 24, 1960.

Attorney(s) appearing for the Case

Baird & Hays, Pikeville, for appellants.

Dan Jack Combs, Fred B. Redwine, Pikeville, for appellee.

WADDILL, Commissioner.

Appellee, the widow of Edd Kirk, sought compensation from appellant, Hall Coal Company, pursuant to KRS 342.070. Kirk was killed in an accident in the course of his employment as a driver of a coal truck. The Workmen's Compensation Board dismissed the claim, and found, as facts, that: (1) Edd Kirk was not an employee of the Hall Coal Company on April 12, 1956, when he was fatally injured; (2) Leonard Hall, president of the Hall Coal Company...

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