Louisville & Nashville Railroad v. Turner

DAVIS, Commissioner.

In April, 1960, a fire damaged timber on appellees’ Breathitt County farm abutting appellant’s railroad tracks. Appellees obtained a $5,000 verdict against the railroad, based on their claim that the company was negligent in the operation of its train and in failing to keep its right of way free of combustible materials. KRS 277.220(2).

The railroad seeks reversal on three grounds: (1) There was not sufficient evidence to warrant submission of the case to the jury, hence a directed verdict for the railroad should have been given; (2) the instructions were erroneous, and (3)…