Louisville & Nashville Railroad v. Weiser's Administrator

Opinion op the Court by

Judge Turner

Reversing".

On one morning in August, 1913, appellee’s 'intestate, Weiser, and one Earl Roberts were carried on a freight train from Paris, Kentucky, to a point near Covington, where they departed therefrom. '

They remained around,the locality for several hours, passing the time in swimming in the Licking River nearby, and in sitting and lying upon the railroad tracks. Twice that morning, before the accident from which this suit results, they had been warned of approaching trains while they were sitting or lying upon the ties or track, and upon each occasion…