McCoy's Administrator v. Williamson & Pond Creek Railroad

Opinion of the -Court by

William Rogers Clay, Commissioner

Affirming.

In this action against the Williamson & Pond Creek Railroad Company by the administrator of Willie McCoy, deceased, to recover damages for his death, the *187trial court sustained defendant’s motion for a peremptory instruction. Judgment was entered accordingly and plaintiff appeals.

The Williamson & Pond Creek Railroad runs down Pond Creek in Pike county, and after crossing Tug river, connects with the Norfolk & Western Railway in the city of Williamson. The Williamson & Pond Creek Railroad maintains a bridge across Tug river.…