PEABODY COAL COMPANY v. GUTHRIE


351 S.W.2d 168 (1961)

PEABODY COAL COMPANY, Appellant, v. Melvin GUTHRIE et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied December 15, 1961.


Attorney(s) appearing for the Case

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

J. Leonard Davis, Harlan, for appellees.


WILLIAMS, Judge.

The appellee, Melvin Guthrie, worked for appellant Peabody Coal Company from 1933 until 1958. From 1944 to 1958 appellee operated a jackhammer in appellant's mine. The operation of the jackhammer in dry sandstone rock produced a congested dust condition. In 1956 appellee discovered that he was suffering from shortness of breath and from a burning sensation in his lungs. His condition became progressively worse, but he continued regular work until...

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