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JOHNSON v. RUBY LUMBER COMPANY

278 S.W.2d 71 (1954)

K. V. JOHNSON, doing business under the trade name of K. V. Johnson Construction Company, Appellant, v. RUBY LUMBER COMPANY, etc., Appellee.

Court of Appeals of Kentucky.

Rehearing Denied May 13, 1955.

Attorney(s) appearing for the Case

Allen, McElwain, Dinning & Clarke, Louisville, Lawrence B. Finn, Bowling Green, for appellant.

Coleman, Harlin & Orendorf, Bowling Green, Gordon, Gordon & Mills, Madisonville, for appellee.

CLAY, Commissioner.

This suit was brought by appellee, Ruby Lumber Company, for a declaration of rights and for consequential relief. In substance it was alleged appellee had become liable for and had paid workmen's compensation to one of its employees whom it claimed was injured through appellant's negligence. Appellant was the principal contractor on a road construction job, and appellee was a subcontractor. The action was based on a common law right of indemnity...

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