Louisville & Nashville Railroad v. Setser's Admr.

Opinion of the Court by

Judge Carroll

Affirming.

This is the second appeal of this case. The opinion on the former appeal may be found in 138 Ky., 476.

On a return of the case the plaintiff, appellee here, filed an amended petition, in which he set up:

“That at the time stated in the petition and amendments, and on the occasion therein mentioned as to the ejection of said deceased from said train, the defendant, its said agents and servants in charge of said train, and persons unknown to thé plaintiff acting with them, and by them caused, commanded and incited so to do, and whilst the said…