Rogers v. Peabody Coal Co‪.‬

This appeal arises out of a summary judgment rendered by the District Court against plaintiff, Eleanora B. Cobb Rogers, Administratrix of the Estate of her late husband, Jim Beckham Cobb. The amended complaint set up an action for wrongful death rising out of the alleged negligence of defendant, Peabody Coal Company (hereinafter sometimes referred to as Peabody). Plaintiff alleges, in substance, that her decedent was employed as a welder by West Kentucky Steel Construction Company (hereinafter referred to as West Kentucky) and that defendant, Peabody, entered into an oral agreement with West Kentucky whereby West Kentucky and Peabody were to construct a ten inch pipeline across approximately two miles of Peabodys property for the purpose of supplying water for the washing of coal. The pipeline was not to be buried, but was to rest on crossties on the surface of the ground. Under the agreement, West Kentucky was to furnish the labor and the equipment. Peabody was to furnish all the pipe, welding rods and all the railroad crossties on which the pipeline was to be placed. Defendant was also to select and prepare the right-of-way over which the pipeline was to be laid by West Kentucky and all the work done in compliance with the contract was to be under the supervision and control of defendant.