Cincinnati, N. O. & T. P. Ry. Co. v. King's Adm'x

Opinion op the Court by

Judge Cammack

Reversing.

This is the second appeal of this case. See Cincinnati, N. O. & T. P. Ry. Co. v. King’s Adm’r, 284 Ky. 694, 145 S. W. (2d) 1053. Tun King was run over and killed by one of the appellant’s double header freight trains about 6:30 a. m., Sunday, July 18, 1937. He was lying on a straight stretch of track more than a half mile from the outskirts of Pine Knot in a drunken condition at the time he met his death. The appellee introduced no eyewitnesses to the accident. We reversed the first judgment because of an erroneous instruction.

On the first trial…