Louisville N. R. Co. v. Wilson

Opinion of the Court by

Judge Pulton

Reversing.

About one o’clock in the afternoon on December 7, 1937, the appellee, a man 24 years of age and totally deaf, was struck and injured by a coal train operated by appellant, while walking upon its track with his back to the approaching train in a remote and sparsely settled section of Whitley County. In an action to recover damages for injuries thus sustained verdict and judgment were for $3,500 and this appeal is prosecuted from that judgment.

The accident occurred near what is referred to in the evidence as Verne, which is merely a store and…