Chesapeake & Ohio Railway Co. v. Kelly's Administratrix

Opinion of the Court by

Judge Nunn

Affirming.

On the morning of June 28th, 1911, one of appellant’s eastbound passenger trains was derailed two miles east of Aden, in Carter County. There was a curve of about eight degrees at the point where the derailment occurred. The curve bent toward the right, and the left-hand or outside rail was, therefore, the higher. The wheel of the engine truck climbed this left-hand rail. The engine ran upon the ties some 300 feet, and then left the roadbed entirely, going down an embankment. The engineer, Matt Kelly, was caught under it and killed.

Kelly had been in…