Horton v. Louisville & Nashville Railroad

Opinion of the Court by

Judge Clarice

— Reversing.

In this action to recover damages for personal injuries, based upon a failure of the defendant to warn plaintiff of the train’s approach, as well as a failure to stop it in time to avoid injuring him after discovering his peril, the case was submitted to the jury upon the latter issue only, and plaintiff recovered a verdict and judgment for $5,000.00. In reversing that judgment, we held that the petition did not state a cause of action upon either of the two grounds attempted, and that the court erred in overruling a demurrer thereto, as well as…