Davis' Adm'x v. Louisville N. R. Co.

Opinion of the Court by

Judge Richardson

Reversing.

This is an action for the death of a railroad employee killed by a cross-tie thrown from a car while it was being unloaded by other employees. This is a second appeal. Louisville & N. R. R. Co. v. Davis’ Adm’x, 245 Ky. 79, 51 S. W. (2d) 942. The record before us on the first appeal disclosed that the deceased knew the cross-ties were being unloaded; that just after a tie had been thrown out of the car he attempted to run by the car, and as he ran a tie was thrown from it, striking him, causing his death. It was our conclusion that in doing this…