Chesapeake & Ohio Railway Co. v. Dwyer's Administratrix

OpinxoN op the Court by

Judge Settle

Affirming.

*428This is the second appeal in this case, the opinion upon the former appeal being reported in 157 Ky., 590. As the facts out of which the action rose and questions of law involved, are fully set out in that opinion, it is unnecessary to repeat them here, it being sufficient to say that appellee’s intestate, Richard Dwyer, who was a locomotive engineer in the employ of the appellant, Chesapeake & Ohio Railway Company, was killed May 12, 1910, at England Hill, in Boyd county, by the derailment of a part of a freight train upon which he was employed as…