Nashville, Chattanooga & St. Louis Railway Co. v. Byars

Opinion op the Court by

Hobson, Commissioner

Reversing.

While appellee was riding in a car with her mother and her brother, the car was struck by a railroad train of the appellant at a crossing within the city limits of Murray, Ky. Her mother and her brother were killed. Appellee was very painfully injured and brought this action to recover for her injuries against the railway company and Jámes Herring. In her petition she stated her cause of action in these words:

“Plaintiff says that the defendant, James Herring, was engaged as engineer in operating a certain passenger train for defendant…