Burk v. Louisville & Nashville Railroad

Opinion of the Court by

Drury,

Commissioner— Reversing.

The plaintiff was unsuccessful, and has appealed. This is the second appeal of this case, and the facts out of which this litigation grew are well stated in the case of L. & N. R. R. Co. v. Burk, 207 Ky. 1, 268 S. W. 844. Between the- time of the former trial and this one, the engineer, Walter Gilson, died, and, when the plaintiff, Burk, offered to testify about a jerk of the train, which, as he said threw him off his feet, and caused him to fall and sustain the injuries he complains of, the defendant objected, but the court overruled the…