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CLOVER FORK COAL COMPANY v. DANIELS

340 S.W.2d 210 (1960)

CLOVER FORK COAL COMPANY, Appellant, v. Grant DANIELS, Guardian for and on Behalf of Danny Lee Daniels, an Infant, Appellee.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing December 2, 1960.

Dissenting Opinion Filed December 2, 1960.

Attorney(s) appearing for the Case

James Sampson, William A. Rice, Harlan, for appellant.

Helton & Golden, Pineville, H. M. Brock & Sons, Harlan, for appellee.

CLAY, Commissioner.

The appellee plaintiff, an infant seven years of age, was seriously injured on a moving conveyor belt operated by defendant appellant. The jury awarded plaintiff $50,000.

Defendant is a coal operator. On its premises is a lengthy conveyor belt for transporting coal from a bin to a tipple. One end of this belt line is housed in a sheet iron structure at the bottom of a hollow, approximately 10...

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