Chesapeake & O. Ry. Co. v. Epling's Adm'r

Opinion op the Court by

Judge Stites

Reversing-

This is an appeal from a judgment of the Pike circuit court based on the verdict of a jury in the sura of $1,000, against the appellant, Chesapeake & Ohio Railway Company, arising from the alleged negligent killing of appellee’s decedent, Isaac Epling. At about noon on the 6th day of May, 1933, Mr. Epling was run into and knocked off a railroad trestle across Poor Bottom fork of the Marrowbone creek near the town of Lookout in Pike county. The trestle is 118 feet in length and is about 9 feet above the creek bottom. The track is straight for a…