Louisville & Nashville Railroad v. Philpot's Administrator

Opinion of the Court by

Judge McCandless

Reversing.

John Philpot was run over and killed by a “push ■engine” of the L. & N. Railroad Company. Alleging that Ms intestate’s death was caused by the negligence of that company, the administrator of his estate sued it and recovered a judgment for the sum of $5,000.00. The company appeals.

The injury occurred between five and six o’clock on the morning of November 22, 1923, at a point three-fourths of a mile north of Corbin and in a cut near an overhead bridge, the track being slightly curved for about 25 feet north of the place of the injury, but…