Ely's Adm'r v. Louisville & N. R. Co.

Opinion of the Court by

Judge Perry

Affirming.

On the early morning of February 13, 1937, the dismembered and mutilated body of William Ely was found lying upon the main track of the appellee’s railway. It is undisputed that deceased was, at the time be was struck by appellee’s train and killed, using as a footway a short section of its road, lying in Harlan County, referred to in the record as having been constructed on a short segment of the old Redwine Trail.

This action was brought by the administrator of the deceased to recover damages for William Ely’s death, upon the ground that at the…