Barrett's Administrator v. Louisville & Nashville Railroad

Opinion of the Court by

Turner, Commissioner

Affirming.

On the evening of December 24th, 1921, shortly before eight o’clock, appellant’s intestate, Edward J. Barrett, was struck by appellee’s north bound fast train at what is known as the Falmouth crossing, in the northern edge of Cynthiana, and was killed. This is an action by his administrator for his death, alleged to have been caused by the negligence of the railroad company and its agents and servants.

In the original petition only the railroad company was defendant, and there was a general charge of negligence ; but in an amended petition,…