Cincinnati, N. O. & T. P. Ry. Co. v. Nelson

Opinion of the Court by

Judge Rees

Reversing.

On November 18,1942, a southbound passenger train of the Cincinnati, New Orleans & Texas Pacific Railway Company stalled in Kings Mountain tunnel north of Somerset, Kentucky, and remained in the tunnel about 'forty minutes. Mrs. Flora Nelson, a resident of Somerset, was a passenger on the train. On January 23, 1943, she brought an action against the railroad company to recover damages for injuries allegedly suffered by her. She alleged in her petition that the defendant, its servants, agents and employees negligently permitted the train, including…