Louisville & Nashville Railroad v. Hyde's Administrator

Opinion of the Court by

Turner, Commissioner

Reversing.

At or about 6:30 p. m. on April 20, 1925, appellee’s intestate was run over and killed by a out of two empty cars which had been immediately theretofore switched or shunted into a side track in appellant’s yards at Loyal, Ky., upon, which at the time he was laterally walking. There was no one on either of the two cars to control their movements or warn persons on the track.

In this action for damages his administrator recovered a judgment of $10,000, from which this appeal is prosecuted.

Plaintiff’s pleadings rely only upon a general charge…