Louisville & Nashville Railroad v. Smith's Administrator

*682Opinion of the Court by

Chief Justige Settle

Dismissing appeal and refusing to award damages.. In .this case, the appellee as administrator of the esr tate of James F. Smith, deceased, recovered in the court, below a verdict and judgment against the appellant,. Louisville & Nashville Railroad Company, for $5,000.00 damages.' We are asked to dismiss the appeal prosecuted by the latter from that judgment; a motion to that effect, and for ten per cent, damages on the amount superseded by. the bond for the appeal executed by appellant before the clerk of the circuit court, having been entered in…