Daugherty's Admr. v. Louisville & Nashville Railroad

Opinion op the Court by

Judge Dietzman

Affirming.

In this action, brought by appellant against the appellee for damages on account of the death of appellant’s decedent, the lower court at the close of appellant’s case gave a peremptory instruction in favor of the appellee, and.the only question before us is the propriety of the lower court’s action in this regard.

*326Evelyn, a little hamlet, is a station of the appellee between Ravenna and Beattyville. Over this branch of the appellee’s railroad, the trains are dispatched by telephone, and for that purpose the appellee maintains at Evelyn an…