Louisville & Nashville Railroad v. Hall

CLAY, Commissioner.

John Hall, 79 years old, was struck and killed on appellant’s track by one of its trains. A jury awarded his administrator $15,000 plus funeral expenses. The controlling question is the railroad’s right to a directed verdict.

The deceased was a trespasser. He was struck while standing outside the rail and leaning over the track, apparently trying to retrieve something with his cane. The place was 30 or 40 feet south of a crossing with light and bell signals.

The train consisted of 51 cars and approached from the south at a speed of 30 miles an hour. The engineer had a clear…