Taylor v. Ill. Cent. R. Co.

Appellants, brother and sister, sued appellee railroad for damages resulting from the death of their brother, "W. T. Taylor, allegedly caused by the negligence of said railroad. Both sides introduced evidence. At' the close of the testimony, the learned trial judge granted the railroad a peremptory instruction. The correctness of that action is the only question involved on this appeal.

The peremptory was granted under this state of facts: About seven o’clock on Monday morning, September 14, 1942, the dead body of W. T. Taylor was discovered lying upon the outer edge of the cross-ties on the…