Cincinnati, N. O. & T. P. Ry. Co. v. Humphrey's Adm'r

Opinion op the Court by

Judge Perry

— Reversing,

This suit was brought by the appellee, J. C. Mullins, administrator of the estate of S. R. Humphrey, to recover damages for his death, allegedly caused by the negligence and wilfull recklessness of the appellant railway company and Gr. W. Barry, the engineer operating its freight train at the time it ran over and instantly killed plaintiff’s intestate.

At the close of plaintiff’s evidence, defendant filed motion for a peremptory instruction, which the court overruled, and thereupon appellant proceeded with the introduction of its proof.

At the…