Louisville & Nashville Railroad v. King

Opinion of the Court by

Judge Nunn

— Reversing.

This appeal is from a judgment on a verdict awarding appellee $500 damages which he sustained from having been shot and wounded while a passenger by one of appellant’s train employes. Since the case must be reversed on a question of impaneling the jury, and a new trial had, a discussion of the evidence will be out of place. But in that connection it may be said that the facts proven made out a case for the jury, and the instructions, except No. 3, fairly submit the questions. Instruction No. 3, in referring to the assault made upon appellee by the…