Payne v. Raymond's Administrator

Opinion of the Court by

Judge Clarke

Affirming in part and reversing in part.

This is an appeal from a judgment awarding appellee $2,000.00 damages for the death of his intestate, Clay Raymond, who was killed in appellants’ railroad yards at Cynthiana, Kentucky, August 22, 1919, and while he was engaged in unloading a coal car standing on a switch track.

'Although the accident occurred during Federal control, as is alleged in the petition and shown by the evidence, the railroad company was sued jointly with the Director General of Railroads, and a joint judgment rendered against both, despite the…