[Download] "Blair v. Boggs" by Court of Appeals of Kentucky NO NUMBER IN ORIGINAL # Book PDF Kindle ePub Free
eBook details
- Title: Blair v. Boggs
- Author : Court of Appeals of Kentucky NO NUMBER IN ORIGINAL
- Release Date : January 05, 1954
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
This appeal is from a judgment against one Estill Morris and the appellants, Hillard Blair and Vincent Blair, in the amount of $3,000 for personal injuries sustained by appellee in a collision with a truck operated by Estill Morris. Liability against the Blairs was rested upon the claim that Morris at the time of the accident was acting as their agent or servant in the scope of his employment. Our determination of the appeal turns upon the question of whether there was sufficient evidence to go to the jury or from which the jury could have found that Morris was the agent or servant of the Blairs, or either of them, at the time of appellee's injury. Morris has not appealed, and we are not concerned with any question affecting his liability. There is no material disagreement as to facts. Hillard Blair is the owner of a large boundary of land in the Cumberland Valley of Letcher County, much of which is underlain by three seams of merchantable coal. Blair had opened up several mines on his land and had constructed tipples and roads for the purpose of mining and removing the coal. Some months before appellee's injury, Hillard Blair orally leased one of his mines to Estill Morris under the terms of which the lessee was to pay a royalty of 75Γ’€ΒΊ per ton for all coal mined by him. Blair was to maintain the roads and tipple, market the coal, collect from the purchasers, and after deducting his royalty, the cost of hauling, and powder purchased by him from time to time, the balance received from sales was to be paid to Morris. Appellant, Vincent Blair, who is a brother of Hillard Blair, had no interest in the mines or their operation. He had a contract for hauling, at 90Γ’€ΒΊ per ton, the coal produced by Morris and the lessees of other mines, and owned one or more trucks which he used for that purpose. Morris had nothing to do with the transportation of coal; Vincent Blair had nothing to do with the mine operation; and Hillard Blair had no control or direction of either the mining or the transportation of the coal.