Bozarth's Administrator v. Illinois Central Railroad

Opinion dr the Court by

Judge Logan

— Affirming.

This is the second appeal of this case. The former opinion is reported in 212 Ky. 426, 279 S. W. 636. On the first trial the appellant on this appeal obtained a judgment for $2,000.' The facts are stated in the former opinion. If it be true that Bozarth was at a place where he had a right to be when he was struck by the railroad train that killed him, the appellee owed him a lookout duty, and it was its duty to give necessary signals. We find it unnecessary, however, in this -case to decide the question as to whether Bozarth was a licensee or a…