Lumpkin v. L. & N. R. R.

Opinion op the Court by

William Rogers Clay, Commissioner

— Affirming. ■

This is the second appeal of this ease. The opinion on the former appeal may he found in 136 Ky., 290, entitled Louisville & Nashville Railroad Company v. John Lumpkin. In that opinion it was held that Lumpkin was guilty of contributory negligence as a matter of law, and that the trial court erred in failing to award the railroad company a peremptory instruction. Upon return of the case !a second trial was had, and at the conclusion of *622.plaintiff’s testimony the court directed a verdict in favor of the railroad company.…