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

Opinion of the Court by

Creal, Commissioner

Reversing.

In the latter part of August, 1929, Manuel Davidson was struck and killed by a train operated by the Louisville & Nashville Railroad Company. His administrator instituted this action in the Perry circuit court seeking to recover damages for his death, alleging that it was caused by the negligence of the company’s servants in the operation of its train.

By answer, the defendant controverted the allegations of the petition and, as a bar to right of recovery, affirmatively pleaded contributory negligence upon the part of deceased.

The issues were…