Louisville & Nashville Railroad v. Murphy

Opinion of the Court by

Judge Carroll —

Reversing.

*177This is the second appeal of this case. The opinion on former appeal may be found in 143 Ky., 31, and as the facts are quite fully, set out in that opinion it is not necessary that we should repeat them here except to the extent that may be necessary to illustrate the grounds relied on for reversal.

In the former opinion we said that as the right to recover was rested on the ground that the railroad company was negligent in failing to have a watchman at the place of the accident to look out for the slide and to warn Murphy in time to have enabled…