Moran's Administrator v. Chesapeake & Ohio Railway Co.

Opinion op the Court by

William: Rogers Clay, Commissioner

Reversing."

While walking along the track of the 'Chesapeake &' Ohio Railway Company in the town of Greenup, J. R. Moran was struck and killed by one of the company’s trains. His administrator brought this suit against the company and its engineer and fireman to recover damages for the decedent’s death. At the conclusion of plaintiff’s testimony the trial court directed a verdict in favor of the defendants. Judgment was rendered accordingly, and plaintiff appeals.

The facts are as follows: The company’s railway runs in an easterly and…