Stuart's Admr. v. Nashville, Chattanooga & St. Louis Railway Co.

Opinion of the Court by

Judge Carroll

Affirming.

In this action to recover damages for the death of James A. Stnart, the trial court upon the conclusion of the evidence for the appellant, who was the plaintiff below, directed a verdict in favor of appellee, the defendant below. The only question for decision is, did the court err in taking the case from the jury.

On the 29th of November, 1910, about sis o’clock in the evening, the deceased, Stuart, was found dead near the railroad tracks of the appellee company at a street crossing in the city of Paducah. He was first discovered by the conductor…