Louisville & Nashville Railroad v. Vanover's Administrator

Opinion of the Court by

Judge Clarke

Reversing.

This is an appeal by the defendant from a judgment for $9,000.00 awarded the administrator for the death of an infant two years and four days of age;

No one saw the train strike the child, or saw her upon or near the railroad track until after the train had passed, which at least passed over her body, and there is no explanation of how the accident occurred except as may be inferred from the following facts and circumstances .about which there is no dispute:

The father’s home faces a lane which crosses the defendant’s railroad track at nearly right…