Lapp v. Louisville, Henderson & St. Louis Railway Co.

Opinion of the Court by

Judge Carroll

Affirming.

Allen Taylor, an intelligent and sober colored boy •about 16 years old, while traveling as a trespasser on a trestle on-the appellee’s line of railway, was killed by a freight train, and in this suit by his administrator to recover damages for his death, the trial court directed a verdict in favor of the railway company, and this appeal is prosecuted by the administrator.

At a place called Otter Creek the railway company has a trestle something over 500 feet long, varying in height from 25 to 9 feet from the ground, at the point' where Allen Taylor…