Pence's Adm'r v. Louisville N. R. Co.

Opinion op the Court by

Stanley, Commissioner—

Reversing.

Mrs. Sallie Pence, an elderly lady, was killed by a train of the appellee while walking on the track near •Stanford in Lincoln county in the late morning of .August 6, 1934. The suit for damages brought by her •administrator in Jefferson county resulted in a directed verdict for the railroad company at the close of the plaintiff’s evidence. The appeal is from the judgment •entered thereon.

While it appears that as a matter of real fact the use by pedestrians of the railroad at the point of the accident was hardly sufficient to constitute…