Chesapeake & O. Ry. Co. v. Boyd's Adm'r

Opinion op the Court by

Stanley, Commissioner—

Affirming.

The judgment in this case is for $7,500 for the death of Elmer Boyd, who was killed hy a train near but within the east limits of Catlettshurg on April 6, 1940. The ap- - pellants, C. & 0. Railway Company and its engineer, argue that the evidence did not authorize an instruction on their primary negligence and that there should have heen submitted to the jury only the issues of contributory negligence and discovered peril, actual or constructive. Criticism of the form of the instructions is also made.

The deceased was 11% years old. It is…