Hart's Admr v. Louisville Railway Co.

Opinion of the Court by

Judge Nunn

Affirming. ’

Edward Hart was killed by the alleged negligence of the city of Louisville and appellee; an action was instituted for the recovery of damages and a jury was impaneled to try the case. After appellant’s counsel made a statement of the case, the court entered the following order:

“At the conclusion of the plaintiff’s opening statement to the jury the defendant Louisville Railway Co. moved the court to dismiss the petition herein as to it to which the plaintiff objected.

“The court being advised, ordered said motion be and is sustained to which…