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BLACK v. TICHENOR

396 S.W.2d 794 (1965)

John J. BLACK, Appellant, v. John A. TICHENOR, Appellee.

Court of Appeals of Kentucky.

November 26, 1965.

Attorney(s) appearing for the Case

William O. Guethlein, A. J. Deindoerfer, William P. Swain, Boehl, Stopher, Graves & Deindoerfer, Louisville, for appellant.

Farnsley, Hottell & Carey, James T. Carey, Louisville, for appellee.

MILLIKEN, Judge.

In Miller v. Scott (1960), Ky., 339 S.W.2d 941, we held that acceptance of the Workmen's Compensation Act precludes suits by an employee against a fellow employee for injuries arising out of and in the course of their employment. The issue here is whether the appellee's injuries arose out of and in the course of his employment. We conclude that they did, and that the $3,275.93 judgment in a tort action which he...

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