Louisville & Nashville Railroad v. Elmore's Administrator

Opinion of the Court by

Judge Thomas

Modifying former opinion.

Since rendering the original opinion in this case, which is reported in 180 Ky. 733, we have concluded that we misinterpreted as well as misapplied one principle of law involved in the case, which is whether the defendant and appellant, Louisville & Nashville Railroad Co., was under the duty of having its engine which collided with the handcar in which the decedent was riding and which produced the accident equipped at the time with a headlight, and on our own motion modify the opinion as herein indicated. In the opinion it is said…