Rowe v. Chesapeake & Ohio Railway Co.

Opinion of the Court by

Commissioner Hobson—

Affirming.

This is a case growing out of the same occurrence as Chesapeake & Ohio Railway Company v. Dixon, 212 Ky. 38. The facts are fully stated in that opinion. This is an action by the widow and children of the section foreman to recover for his death under the Federal Employers’ Liability Act. The circuit court at the conclusion of the evidence peremptorily instructed the jury to find for the defendant. The plaintiffs appeal.

We adhere to the conclusion reached in the former opinion that neither rule 10 nor rule 13 applies to the motor car…