Cornett's Administrator v. Louisville & Nashville Railroad

Opinion of the Court by

William Rogers Clay, Commissioner

Affirming.

On July 17, 1915, Gideon Cornett was struck and killed by a train operated by tbe Louisville & Nashville Railroad Company. In this action by his administrator to recover damages for his death, the trial court at the conclusion of plaintiff’s evidence gave a peremptory in favor of the defendant. Plaintiff appeals.

The accident occurred in Blackey, an incorporated town of sixty or seventy-five inhabitants. The town consists of several small stores on one side of the railroad and three section houses, the depot, school and a few *133sca…