York v. Cincinnati, New Orleans & Texas Pacific Railway Co.

Opinion op the Court by

Judge Dietzman

Affirming.

In. this action for personal injuries the court at the conclusion of the evidence of the appellant, who was the plaintiff below, peremptorily instructed the jury to find for the appellee, and from the judgment entered on the verdict found in accordance with such instruction, the appellant brings this appeal.

The appellant was a passenger on one of the appellee’s trains running from Somerset, Kentucky, to Alpine, Kentucky, and was hurt by a window sash falling on his arm. The only testimony found in this record as to how the accident happened is…