Ponder v. Lexington & Eastern Railway Co.

Opinion of the Court by

Chief Justice Miller

Affirming.

The appellant, T. J. Ponder, who was the plaintiff .below, having’ been ejected from one of appellee’s passenger trains, sued for damages; and the jury having found for the defendant, Ponder appeals. He complains of the court’s instructions to the jury, insisting that they were, in effect, a peremptory direction to find for the company.

There is not much dispute about the material facts of the case.

Ponder lived at Pilson Station, about five and one-half miles west of Stanton, in Powell County. On the afternoon of February 24, 1914, Ponder…