Louisville Nashville R. Co. v. Sullivan

GARDNER, Chief Justice.

This suit is to recover for personal injuries sustained by the plaintiff when a freight train of defendant railway company ran over his left leg some several inches above his ankle, completely severing the foot. The case was submitted to the jury upon two counts, one basing recovery upon the theory of subsequent negligence and the other wantonness. There was a verdict and judgment for plaintiff in the amount of $1,650, from which defendant prosecutes this appeal.

In the opening statement of the defendant’s counsel there was some indication of a theory that the plaintiff…