MARC BLACKBURN BRICK COMPANY v. YATES


424 S.W.2d 814 (1968)

MARC BLACKBURN BRICK COMPANY et al., Appellants, v. Ellis Dewey YATES, Jr., et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied March 29, 1968.


Attorney(s) appearing for the Case

Harold Ricketts, Gordon L. Johnson, Harlin, Parker, Ricketts, Lucas & English, Bowling Green, for appellants.

G. D. Milliken, Jr., Milliken & Milliken, Bowling Green, for appellee Yates.

Davis & Mahan, Louisville, C. H. Reynolds, Bell, Orr & Reynolds, Bowling Green, for appellee Cherry.

J. Keller Whitaker, Frankfort, for Workmen's Compensation Bd.


EDWARD P. HILL, Judge.

Appellant, the employer, seeks to upset an award by the Workmen's Compensation Board approved in circuit court in favor of Ellis Dewey Yates, Jr., the employee.

Appellant questions the sufficiency of notice of injury required by KRS 342.185 and contends that the relationship of employer-employee did not exist between it and Yates on the date of the claimed injury.

Inasmuch as appellee Mac G. Cherry, doing business as Cherry Distributing...

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