Thomas' Adm'r v. Chesapeake & O. R.

Opinion op the Court by

Judge Richardson —

Reversing.

This appeal presents for consideration the propriety of the ruling of the trial court in giving to the jury, at the close of the evidence in behalf of the appellant, a peremptory instruction, directing it to find a verdict for the appellee.

James Thomas, a young man twenty years of age, and Sparrel Lowe, a boy sixteen years of age, in August, 1928, resided at Mossy Bottom, Pike county, Ky. They each equipped themselves with a suitcase, in which they carried their convenient wearing apparel, and left home intending to obtain employment, and to…