Smith's Administrator v. Louisville Railway Co.

Opinion of the Court by

William Rogers Clay, Commissioner

Reversing;

Defendants, Louisville Railway Company and Louisville and Interurban 'Railroad Company, operate an interurban line between the city of Louisville and Audubon Park, in Jefferson county. About noon on July 28, 1913, Lloyd Smith was struck and killed by an interurban car. Thereafter his administrator brought this suit against the two companies to recover damages for his death. The first trial resulted in a verdict and judgment for plaintiff in the sum of $5,000.00. Thé trial court awarded a new trial. The second trial resulted in…