Rager v. L. & N. R. R.

Opinion op the Court by

Judge Settle

Affirming.

The appellant, Gr. Rager, an infant nine years of age, together with his- statutory guardian, by this action sought to recover of appellee in the court below $5,000.00, damages for an alleged injury to his foot caused, as charged, by the negligence of the latter, its servants and employes, in leaving a truck so near its track at Bevier that a moving train struck and drove it against appellant’s foot as he was passing, thereby inflicting the injury complained of.

■ Appellee’s answer traversed the averments of the petition and alleged contributory…