Louisville N. R. Co. v. Smith

Opinion of the Court by

Judge Cammack

— Reversing.

Louis Smith brought this action against the Louisville & Nashville Railroad Company to recover damages for an injury he sustained while letting down the bottom of one of the Company’s coal cars. The Company’s mo tion for a peremptory instruction at the conclusion of Smith’s evidence was overruled and relying upon that motion it offered no evidence. The trial resulted in a judgment in Smith’s favor in the amount of $3,000.

In urging reversal the Company insists that (1) a peremptory instruction should have been given in its favor at the conclusion…