FREEMAN v. OLIVER M. ELAM, JR. COMPANY


372 S.W.2d 796 (1963)

Ruby FREEMAN, Administratrix of the Estate of James M. Robbins, et al., Appellants, v. OLIVER M. ELAM, JR. COMPANY, Incorporated, Appellee.

Court of Appeals of Kentucky.

November 22, 1963.


Attorney(s) appearing for the Case

Howard VanAntwerp, III, Howard VanAntwerp, Jr., Ashland, for appellants.

John W. McKenzie, Ashland, for appellee.


MONTGOMERY, Judge.

Ruby Freeman, as the administratrix of the estate of James M. Robbins, deceased, sued Oliver M. Elam, Jr. Company, Incorporated, for the wrongful death of Robbins. He was buried alive in a trench cave-in. The jury returned a verdict for the company. On appeal it is urged that the instructions are erroneous and that certain evidence should have been admitted.

Robbins was killed on October 15, 1959, while working as an employee of the City...

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