Louisville & Nashville Railroad v. Eversole's Administratrix

Opinion of the Court by

Judge Clay

Reversing.

This is an appeal from a judgment for $6,000.00 in favor of W. M. Eversole’s administratrix.

The only question we deem it necessary to consider is whether appellant’s motion for a peremptory instruction should have been sustained.

Eversole owned a store at TIazelpatch in Laurel county. Opposite the store is the station. Hazelpatch is a small settlement and only .eight or ten families live there. Fifty-one feet south of the store is a public crossing. . About 1,250 feet north of the store is a small spring on the railroad right of way. On the evening of…