Louisville N. R. Co. v. Arrowood's Adm'r

Opinion op the Court by

Stanley, Commissioner

Reversing.

This action for damages for the death of Sheridan Arrowood by a train while walking on the track was predicated on the allegation that he was a licensee by reason of' permission or toleration of the Railroad Company of persons in large numbers using its track as a public way. To reverse the judgment of $3,000 the Railroad Company argues that the trial court committed error in overruling its motion for a peremptory instruction and in the instructions.

The first point is rested upon the ground that the evidence did not establish the use by…