Cincinnati, New Orleans & Texas Pacific Railway Co. v. Winningham's Administrator

Opinion of the Court by

William: Rogers Clay,

Commissioner — Affirming.

In this action for damages against the Cincinnati, New Orleans & Texas Pacific Railway Company and H. E. Britton, plaintiff, J. L. Wright, as administrator of W. B. Winningham, recovered a verdict and judgment for $5,000. The railroad company appeals.

The facts are as follows: The Indian Creek Coal Company had permission and authority from the railroad to huild a tipple across its tracks at a point near Indian Head in McCreary County. The specifications for the work were furnished by the railroad company.The tipple was…