McCRAY v. DAVIS H. ELLIOTT COMPANY


419 S.W.2d 542 (1967)

James McCRAY, Administrator of the Estate of Rex Devere McCray, Appellant, v. DAVIS H. ELLIOTT COMPANY, Inc., et al., Appellees.

Court of Appeals of Kentucky.

October 6, 1967.


Attorney(s) appearing for the Case

Davis Williams, Munfordville, for appellant.

Norman A. Curtis, Louisville, for appellees.


DAVIS, Commissioner.

The administrator of the estate of Rex Devere McCray seeks a reversal of a judgment dismissing his claim for wrongful death of the decedent pursuant to KRS 411.130. The trial court granted summary judgment on the ground that the appellant's decedent met his death during the course and scope of his employment by the appellee, Davis H. Elliott Company, Inc., at a time when both the decedent and his employer were covered by the provisions of the...

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