Durbin v. Louisville N. R. Co.

Opinion of the Court by

Judge Latimer

Affirming.

This is an appeal from the action of tbe court below in peremptorily instructing tbe jury to render a verdict for the defendant.

Appellant, at the time of the accident, was 13 years of age. Action was instituted below by his statutory guardian to recover for personal injuries sustained when he was run over by appellee’s train.

The evidence shows that appellant was walking near the tracks of appellee when two boys called him and asked that he climb in a coal car to assist them in re-' moving a plank from the car. Appellant complied with this request.…