Cincinnati, N. O. & T. P. Ry. Co. v. King's Adm'x

Opinion of the Court by

Judge Cammack

Reversing.

Tun Kang, age 44, was rnn over and killed by one of the appellant’s double-header freight trains around 6:30 a. m., Sunday, July 18, 1937. He was lying on the track in a drunken condition at the time he met his death. King's wife qualified as hi's administratrix and brought this action seeking to recover $2,900, alleging that the Railway Company had negligently caused her husband’s death. The trial resulted in a verdict for $2,500 in Mrs. King’s favor. This appeal is being prosecuted from the judgment on that verdict.

The train, consisting of 41…