Book Description

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898 edition. Excerpt: ...of the act of which section 4C was another section, intended to embody in section 158 all matter in relation to interference by combination and agreement between employee and employer, between capital and industry, which it was thought proper to make the subject of a special criminal law. Judgment is that the motion to quash the indictment must be sustained. Employees' Liability--Contributory Negligence--ApplicaTion OF Statute--Ashland Coal, Iron and Raihray Co. v. Wallace's Administrator, 43 Southwestern Reporter, page 207.--This case was originally brought in the circuit court of Boyd County, Ky., against the J"1"e-nained company to recover damages for the death of one Grant Wallace who, while in the employ thereof as a track layer, was knocked down by slate which fell from the roof of a mine and so injured him that he finally died. A judgment was rendered in favor of the administrator, and the company appealed the case to the court of appeals of the State, which rendered its decision September 25,1897, and affirmed the judgment of the lower court. (Ashland Coal, Iron and Railway Company v. Wallace's Administrator, 42 Southwestern Reporter, page 744.) The company then filed a petition for a rehearing by the court of appeals and the court rendered its decision thereon November 18, 1897, and overruled the petition. Some points not considered in the original decision were raised and decided upon the rehearing, and arc shown in the following, quoted from the opinion of the court: Appellant asks a rehearing in this-case, chiefly because, in the former opinion herein, we failed to consider or construe section 2732 of the Kentucky Statutes, which provides: "Any person employed in any. mine governed by this statute, who...