Louisville & Nashville Railroad v. Baker's Administrator

*796Opinion op the Court by

Judge Quin

Reversing.

Charles Baker, as administrator of Eugene Baker, instituted this action in the court below against defendant seeking damages for the death of his intestate, it being alleged in the petition that decedent was assaulted and ejected from a train near Ford, Ky., and thereby caused to lose his life. From a verdict in favor of the plaintiff this appeal is prosecuted.

The contention of the defendant is that a peremptory instruction should have been given in its behalf. . It also complains of the instruction given and of counsel’s argument to the jury.

The…