Louisville & Nashville R. R. v. Cox

Opinion of the Court by

Judge Carroll

Reversing..The appellee while engaged as a laborer in the employment of the appellant company received injuries, caused as he alleged by its negligence, and, in an action for damages, he recovered Seven Thousand Dollars.

The first ground urged for reversal of the judgment is that the motion for a judgment notwithstanding the verdict should have been sustained, because the plea of contributory negligence presented in an amended answer was not controverted of record or denied by pleading. The record shows that the petition was filed in December, 1909, and the…