Louisville & Nashville Railroad v. Petrey

Opinion of the Court by

Judge Carroll

Reversing.

The appellee, Petrey, while standing about eight feet from the track of the appellant company at a point about one-half mile from the station of Nott, was struck by a piece of ice pitched from the baggage car of a passing train by the baggage man. The force of the impact broke his leg, and in this suit to recover damages for the injuries so sustained there was a verdict and judgment in his behalf for $2,500.00, and the railroad company appeals.

The evidence shows that Petrey started to walk on the railroad track from Jellico to Nott, a distance of…