Louisville & Nashville Railroad v. Haverly

Opinion of the Court by

Judge Clarke

Reversing.

The infant appellee, suing by his nest friend, instituted this action against the appellant, Louisville & Nashville Railroad Company, to recover damjages for injuries sustained in the defendant -company’s yards at Corbin, Kentucky, in the month of October, 1918.

Upon the ground that the alleged negligence arose out of the operation of its railroad by the Director General of Railroads under the Federal 'Control Act and that it was therefore not liable for the alleged negligence and injury, the defendant company filed a motion to dismiss and a *153demurrer…