Weaks v. McDowell Construction Co.

Opinion op the Court by

William Rogers Clay, Commissioner

Affirming.

Plaintiff, William Cooper Weaks, suing by his guardian, Mrs. Willie Weaks, brought-this aetion against the McDowell Construction and the Louisville & Nashville Railroad Company to recover damages for personal injury. The jury returned a verdict in favor of the defendants. Plaintiff appeals.

The Louisville & Nashville Railroad Company runs ■through the City of Hopkinsville. It contracted with the *692McDowell Construction Company to widen and deepen a certain cut in the suburbs of that city. The cut runs for a considerable distance,…