City of Louisville v. Louisville Railway Co.

Opinion of the Court by

Judge Turner

Affirming.

In August, 1906, Edward Hart was killed in a collision between a wagon which he was driving on the streets in Louisville and a street car belonging to appellee.

*142His administrator instituted this action claiming damages against the city and the street railway compány jointly. At the beginning of the trial the lower court dismissed the plaintiff’s action as to the railway company, and proceeded with it as against the city. A judgment was rendered for $4,000 against the city.

From the action of the court dismissing as to the railway company Hart’s…