Chesapeake & O. Ry. Co. v. Prater's Adm'x

Opinion of the Court by

Judge Ratliff

Reversing.

About 10:30 o’clock on the night of August 30, 1930, John Prater was run over and killed by an engine of the appellant railway company. His administratrix brought this suit in the Johnson circuit court against the railway company and Jim Ruth, an employee of the company, to recover for his death. The trial resulted in a verdict and judgment in the sum of $2,000 for plaintiff, from which this appeal is prosecuted. The facts are in substance these:

The engine was engaged in shifting cars from the main line onto side tracks. At the time of the…