Chesapeake & O. Ry. Co. v. Butcher's Adm'r

Opinion op the Court by

Judge Stites

— Reversing.

This is an appeal from a judgment of the Johnson circuit court based on the verdict of a .jury in the sum of $3,000 in favor of the appellee, Son Butcher,, administrator of the estate of Ray Butcher, deceased,, against the appellant, Chesapeake & Ohio Railway Company, arising out of the alleged negligent killing of Ray-Butcher.

Decedent was a young man, 17 years of age. About 3 a. m. on Sunday, May 28, 1933, he was found-unconscious and in a dying condition, lying between, the rails of appellant’s main-line track between the stations of Whitehouse…