CHESAPEAKE AND OHIO RAILWAY COMPANY v. BILITER


413 S.W.2d 894 (1967)

The CHESAPEAKE AND OHIO RAILWAY COMPANY, a Corporation, Appellant, v. G. C. BILITER, Administrator of the Estate of Hogan Biliter, Deceased, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied May 12, 1967.


Attorney(s) appearing for the Case

Porter M. Gray, John M. Williams, Gray, Woods & Cooper, Ashland, Donald Combs, Stephens & Combs, Pikeville, for appellant.

F. Dale Burke and Francis M. Burke, Pikeville, for appellee.


CULLEN, Commissioner.

Hogan Biliter, while engaged in the performance of his duties as a fireman for the Chesapeake & Ohio Railway Company, was killed in a wreck which resulted from subsidence of the roadbed under a stretch of track in the mountains of Pike County. He left surviving him his father and mother, who claimed dependency. On their behalf the instant action was brought by the father as administrator, under the Federal Employers' Liability Act, U.S.C...

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