NASHVILLE COAL COMPANY v. EPLEY


350 S.W.2d 463 (1961)

NASHVILLE COAL COMPANY, Inc., Appellant, v. Thelma EPLEY, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied November 22, 1961.


Attorney(s) appearing for the Case

Thomas A. Mitchell, Gordon, Gordon & Mills, Madisonville, for appellant.

Carmol D. Cook, Lake, Bratcher & Cook, Hartford, for appellee.


WADDILL, Commissioner.

Paul Epley died during the morning of July 22, 1957, after he had entered appellant's mine where he was employed as foreman. A fellow employee testified that Epley sat down on a bench, slumped forward and toppled to the ground. His head hit a rail of the mine track and his body came to rest with his knees, arms and forehead lying across the track. Within a few minutes he was dead. The bench on which he had been seated had not overturned. No...

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