ROGERS v. PEABODY COAL COMPANY

No. 16972.

370 F.2d 111 (1966)

Eleanora B. Cobb ROGERS, Widow and Administratrix of the Estate of Jim Beckham Cobb, Deceased, Plaintiff-Appellant, v. PEABODY COAL COMPANY, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

December 23, 1966.


Attorney(s) appearing for the Case

Grover C. Cox, Central City, Ky., and John W. Beard, Owensboro, Ky., for appellant.

Morton Holbrook, Sandidge, Holbrook, Craig & Hager, Owensboro, Ky., for appellee.

Before WEICK, Chief Judge, and PHILLIPS and PECK, Circuit Judges.


PER CURIAM.

Plaintiff-appellant's decedent met his death while doing construction work on defendant-appellee's premises as the employee of a third party. Said third party had under agreement with the defendant-appellee undertaken the installation of a major pipeline on which plaintiff-appellant's decedent was working as a welder when the fatal accident occurred.

At trial the District Judge sustained a motion for a directed verdict in its favor made by defendant...

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