Honaker v. Chesapeake & Ohio Railway Co.

Opinion of the Court by

Judge Dietzman

Affirming as to city of Pikeville' and reversing as to C. & O. Ry. Co.

At the close of the appellant’s case in the court below, the court peremptorily instructed the jury to find for the appellees who were the defendants there, and the appellant appeals.

The petition is very inartfully drawn, but in substance it avers that the appellee, Chesapeake & Ohio Railway Company, had constructed a railroad fill across the mouth of a hollow known as Prance’s Hollow in the city of Pikeville, up which hollow a street runs known as Kentucky avenue; that it and its…