Chesapeake & Ohio Railway Co. v. McDonald

Opinion op the Court by

Hobson, Commissioner

Reversing.

On September 4,1927, J. O. McDonald was struck by a freight train on the Chesapeake & Ohio Railway and killed. This action was brought by his administratrix to recover for his death, and, judgment having been rendered in the circuit court in her favor for $3,000, the railway company appeals.

The first question made on the appeal is that the court should have instructed the jury peremptorily to find for the defendant. The facts shown by the proof are these: J. C. McDonald lived at Mt. Sterling, Ely. On September 3 he bought a ticket at Mt.…