370 F. 2d 111 - Rogers v. Peabody Coal Company
370 F2d 111 Rogers v. Peabody Coal Company
370 F.2d 111
Eleanora B. Cobb ROGERS, Widow and Administratrix of the
Estate of Jim Beckham Cobb, Deceased, Plaintiff-Appellant,
v.
PEABODY COAL COMPANY, Defendant-Appellee.
No. 16972.
United States Court of Appeals Sixth Circuit.
Dec. 23, 1966.
Grover C. Cox, Central City, Ky., and John W. Beard, Owensboro, Ky., for appellant.
Morton Holbrook, Sandidge, Holbrook, Craig & Hager, Owensboro, Ky., for appellee.
Before WEICK, Chief Judge, and PHILLIPS and PECK, Circuit Judges.
PER CURIAM.
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Plaintiff-appellant's decedent met his death while doing construction work on defendant-appellee's premises as the employee of a third party. Said third party had under agreement with the defendant-appellee undertaken the installation of a major pipeline on which plaintiff-appellant's decedent was working as a welder when the fatal accident occurred.
At trial the District Judge sustained a motion for a directed verdict in its favor made by defendant-appellee at the close of plaintiff-appellant's case on the ground that as a matter of law no cause of action against the defendant-appellee had been established, and judgment for the defendant-appellee was entered. On this appeal from that judgment it is determined that the District Judge did not err in sustaining the motion for a directed verdict and the judgment is affirmed.
It will be observed that plaintiff-appellant has in effect had two opportunities to attempt to establish liability on the part of this defendant-appellee, an earlier judgment in its favor on its motion for summary judgment having been vacated and the cause remanded. Rogers v. Peabody Coal Company, 342 F.2d 749 (6th Cir. 1965).