Peak v. Louisville & Nashville Railroad

Opinion of the Court by

Judge Dtetzman

Affirming.

On the night of November 21, 1925, the appellant boarded one of the trains of the appellee at Jackson, Ky., bound for Winchester. He had been hunting all day and was very tried, so that after the conductor had taken up his ticket he went to sleep and except on one or two occasions when the train was stopping at some of the intermediate stations he remained asleep until just before the tragedy we shall presently mention. As a result he knows very little of what took place on the train. From the other testimony, however, we find that a man by the…