Louisville & N. R. Co. v. Brush’s Adm’r

Opinion op the Court by

Judge Rees

— Reversing.

This is an appeal from a judgment for $4,000 for the death of Cas Brush, who was run over and killed by one of appellant’s engines in its yards at Jackson, Ky.

The accident happened early in the morning of March 21, 1934, on what is known as the “hole” track which leaves the yard tracks and runs north off of the railroad property to the Powell-Hackney Grocery Company store. A spur which diverges from this track runs to the Standard Oil Company plant. The track is known as the “hole” track because it is on a lower elevation than the main track and…