Louisville & Nashville Railroad v. Hyatt's Administrator

Opinion op the Court by

Judge Clarke

Reversing.

Davis Hyatt was struck and killed on August 5th, 1917, by a train of the defendant, at or near an abrupt curve on “Crooked Hill” between Livingston and East Bernstadt. He was at the time, and had been for some time prior thereto, a member of a section crew whose duty it was to walk and inspect the track between the two points named.

This is an action by his administrator to recover for his death, alleged to have been caused by the negligence of the defendant’s agents in the operation of the train that struck him.

Upon a former appeal, reported in 191…