Chesapeake & Ohio Railway Co. v. Kennard's Administrator

Opinion op the Court by

Judge McCandless

Reversing.

While crossing the tracks of the Chesapeake & Ohio Railroad Company on a public highway at the station of Threlkeld, John M. Kennard was struck and killed by a passing engine. In a suit for his wrongful death the administrator of Kennard’s estate recovered judgment against the railroad company for $2,500. The railroad company appeals and for reversal urges: (1) That it was entitled to a directed verdict in its favor; (2) that the instructions given were erroneous.

The facts are these: Threlkeld is three-fourths of a mile north of Paintsville.…